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Prenuptial and post-nuptial agreements Solicitors in Carlisle, Cumbria & Northumberland

Whether you want an agreement drawn up before or during your marriage, our solicitors will steer you through your options.

If you and your partner are considering either a ‘prenup’ or ‘postnup’ agreement, the best place to start is by speaking with one of our family law experts. We’ll talk you through the relevant considerations and explain the advantages and disadvantages of what’s being proposed. If you’ve been provided with a prenup or a postnup to sign, we’d also be happy to advise you on the consequences of signing, or deciding not to do so – and to negotiate terms on your behalf, if required. Assets including property, income and debts are typically covered in these agreements, so they’re documents which deserve experienced legal advice.

FAQs

Do I need a prenup / post-nup?

A prenuptial agreement is a legal document drawn up between two people, prior to marriage, which sets out the division of the assets of both parties in the event of divorce or death. A postnuptial agreement is a similar document with the same purpose, but it’s drawn up during the course of the marriage. Prenups are often used where one party already has, or is likely to acquire or inherit, significantly more assets or wealth than the other. This can include those with a large inheritance, landowners, business owners, or perhaps those marrying later in life. Similarly, postnups can deal with a situation where one party to the marriage has just inherited assets, or is about to do so.

Do I need one?

A prenuptial or postnuptial agreement helps to provide clarity for couples on how their assets should be divided in the event of a breakdown in the relationship. Whether you need one or not largely comes down to individual choice, but we can provide advice to help you decide.

Are prenups and postnups binding?

Prenuptial and postnuptial agreements are not legally binding in England and Wales, unlike in Scotland and much of the rest of Europe. However, they will be upheld by the courts as long as they meet the qualifying criteria set out by the Supreme Court. Cartmell Shepherd’s team has had success in upholding prenuptial agreements as part of divorce proceedings.