Prenuptial and post-nuptial agreements in Carlisle, Cumbria & Northumberland
What is a pre-nup / post-nup?
A prenuptial agreement is a legal document drawn up between two people prior to marriage that sets forth the division of the assets of both parties in the event of divorce
or death. A post-nuptial agreement is a similar document, only it is drawn up during the course of the marriage to provide for what will happen in the event of a divorce or death.
Assets including property, income and debts are typically covered in a pre and post-nup agreements. 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, post-nups can deal with a situation where one party to the marriage has just inherited assets or is about to do so.
Do I need a prenup / post-nup?
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.
Are pre-nups and post-nups binding?
Prenuptial and post nuptial agreements are not legally binding in England and Wales, unlike Scotland and much of the rest of Europe. However, they will be upheld by the courts as long as they meets the qualifying criteria set out by the Supreme Court. We have had success in upholding prenuptial agreements within subsequent divorce proceedings.
Additional Info
If you and your partner are considering either a prenup or postnup agreement please make an appointment to see one of our family law experts. We will be able to talk you through the relevant considerations and explain the advantages and disadvantages of what you propose. Equally, if you have been provided with a prenup or postnup for signature then we would be happy to advise you on the consequences of both signing and not signing, as well as negotiate terms on your behalf.
