Prenuptial &
Post Nuptial Agreements

​Talking about what might happen if a marriage ends can feel uncomfortable, particularly when you are planning a wedding or are happily married. However, agreeing how you would deal with your finances in the future can provide clarity for both of you and help avoid uncertainty if your circumstances change.

Prenuptial and postnuptial agreements allow couples to record how they would like particular assets, property and financial arrangements to be treated if they later separate or divorce.

At Bridge McFarland LLP, we can help you consider what should be included in an agreement and ensure you understand its implications before you sign.

Why Consider a Prenuptial or Postnuptial Agreement?

There are many reasons why couples choose to put an agreement in place. It does not necessarily mean that you expect your marriage to end.

You may want to protect assets that you owned before the marriage, provide greater certainty about your respective financial positions or make arrangements that reflect your particular family circumstances.

An agreement can be especially worth considering where:

• One or both of you have significant assets before marrying
• You own a business or have an interest in a family business
• One of you is bringing a property into the marriage
• There are trusts or inherited assets to consider
• One person has substantially greater wealth than the other
• Either of you has children from a previous relationship
• You want to protect one another from responsibility for certain debts
• Family wealth or future inheritance is a consideration

Having these discussions while your relationship is on good terms can make it easier to reach an agreement that reflects what is important to both of you.

What Is the Difference Between a Prenuptial and Postnuptial Agreement?

A prenuptial agreement, often called a prenup, is entered into before you marry. It sets out how you intend your finances and assets to be dealt with if your marriage subsequently breaks down.

A postnuptial agreement deals with similar issues but is entered into after you are already married.

You might choose to make a postnuptial agreement because your financial circumstances have changed since the wedding, because you did not have time to put a prenuptial agreement in place beforehand or simply because you have decided at a later stage that you would like greater certainty about your financial arrangements.

What Can Be Included in the Agreement?

Every couple’s circumstances are different, so the contents should be tailored to the assets and financial arrangements that are relevant to you.

A pre- or postnuptial agreement can make provision for:

• Assets acquired before the marriage
• Property and other jointly or individually owned assets
• Businesses and company interests
• Trusts and inherited wealth
• Savings and investments
• Responsibility for debts
• The treatment of particular family assets
• How finances would be dealt with if you separated
• Assets intended to be preserved for children from a previous relationship

Where you have substantial or more complicated financial arrangements, you may also benefit from advice about high net worth divorce and how particular assets can be treated if a marriage ends.

Are Prenuptial Agreements Legally Binding?

Prenuptial and postnuptial agreements are not automatically legally binding in England and Wales in the same way as a court order. However, they can carry significant weight if a court is later asked to decide how finances should be dealt with following divorce.

The circumstances in which the agreement was prepared will be important.

Both parties should have the opportunity to obtain independent legal advice and should understand the terms and consequences of the agreement. There should also be appropriate financial disclosure, and neither person should be put under undue pressure to sign.

The agreement should make fair provision in the circumstances, and sufficient time should be allowed to consider its terms.

Getting legal advice when the agreement is prepared can therefore be important for both parties.

What if Our Circumstances Change?

Life does not always develop in the way you expected when an agreement was originally made.

You might have children, receive an inheritance, sell or establish a business, acquire new property or experience a significant change in your respective financial positions.

It can therefore be sensible to review an existing agreement following an important change in circumstances. In some cases, a postnuptial agreement can be used to update or reinforce arrangements made before the marriage.

We can review an existing agreement with you and advise whether changes should be considered.

What Happens to a Prenuptial Agreement if We Divorce?

If your marriage does end, the existence of a prenuptial or postnuptial agreement will be relevant when your financial position is considered, but it does not remove the need to deal properly with the finances arising from your divorce.

The circumstances at the time of separation will need to be considered alongside the terms originally agreed.

We can advise on financial matters, including the effect an existing agreement may have on a proposed settlement. Where substantial or complicated assets are involved, this may include property, pensions, investments and business interests.

You can also find further information about the divorce and separation process and the other issues you may need to consider when a marriage comes to an end.

Starting the Conversation

Raising the subject of a prenuptial or postnuptial agreement with your partner can sometimes be the hardest part.

Approaching it as a way of creating financial clarity rather than planning for the failure of the relationship can help. A well-considered agreement should protect the interests of both people and give each of you the opportunity to understand exactly what is being proposed.

It is also important that each person receives their own independent legal advice rather than one solicitor advising you both.

Advice Tailored to Your Circumstances

There is no standard prenuptial or postnuptial agreement that will be right for every couple. The terms need to reflect your assets, your family circumstances and what you are trying to achieve.

Whether you are planning your marriage, already married and considering a postnuptial agreement, or want advice about an agreement you have previously signed, Bridge McFarland LLP can help you understand your options.

Call 0800 987 8800 or email enquiries@bridgemcfarland.co.uk to arrange a conversation with our Family Law Team.

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Frequently Asked Questions about Prenuptial and Post Nuptial Agreements