Prenuptial Agreement Solicitors
Secure Your Future with Experienced Prenuptial Agreement Solicitors at RJS Family Law
Although not strictly enforceable under English and Welsh law, a ‘Prenuptial Contract’ drafted by a solicitor can be very persuasive within a court setting. Given the power of family courts to redistribute family property and assets and the fact that 42% of UK marriages end in divorce, prenuptial agreements are becoming increasingly common in the UK.
Understanding Prenuptial Agreements
A prenuptial agreement is designed to limit claims on assets by the other party if a marriage breaks down. Made before marriage, this agreement outlines how property and assets should be divided in the event of a divorce. Prenuptial agreements can help prevent protracted and acrimonious divorce proceedings, enabling you to separate more quickly and easily.
Benefits of a Prenuptial Agreement
Prenuptial agreements are particularly beneficial in situations where:
One party has significantly greater capital or income than the other.
You wish to protect assets owned before marriage, such as property or inheritance.
One or both parties have children from a previous marriage or relationship and want to protect their assets.
Do Prenuptial Agreements Work?
Although prenuptial agreements have been effectively used in other countries for many years, they have only begun to be properly recognized by UK courts since 2010. A notable case is Granatino vs. Radmacher, where the UK court recognized and enforced a prenuptial agreement for the first time. This case involved Katrin Radmacher, a German heiress, who sought to protect her £106 million fortune.
What Prenuptial Agreements Cover
A comprehensive prenuptial agreement can address the following:
What would happen to the family home?
What would happen to property or assets brought into the marriage.
What would happen to pensions?
How debts would be managed.
Whether maintenance would be provided, and for how long.
Confidentiality requirements of the agreement.
Events that would require the agreement to be reviewed.
Costs related to the preparation of the agreement.
Prenuptial Agreement Rules
There are specific rules that must be followed when drafting a prenuptial agreement:
A qualified solicitor must draft the prenuptial agreement.
Both parties must consult independent solicitors.
Both parties must understand and voluntarily agree to the agreement.
Solicitors must confirm that the agreement was entered into freely and knowingly.
Full disclosure of all assets and property by both parties.
The agreement must be signed at least 21 days before the wedding.
How RJS Family Law Can Help
At RJS Family Law, we work with you to draft a prenuptial agreement that protects your interests and avoids common mistakes. Our experienced solicitors provide clear, practical guidance to ensure your prenuptial agreement is fair and legally sound.
Why Choose RJS Family Law?
Family Law Specialists: With focused expertise in family law, RJS Family Law understands the intricacies of prenuptial agreements.
Personal Approach: You will deal with the same faces throughout your matter. Our team is friendly, approachable, and available to answer any questions at any time.
Free Initial Consultation: Meet the RJS team and discuss your issues without spending a penny!
Accessible Location: Easily find our office without the hassle of city centre traffic, and enjoy free parking.
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A lady client contacted RJS Family Law concerning a Prenuptial Agreement that her future husband wished her to sign.
Her future husband had amassed a considerable property portfolio of several houses and he wanted his future wife to sign a Prenuptial agreement waiving any claim to the properties in the event that they divorce.
On the face of it, this might not seem to have been such an unreasonable request since the whole point of a Prenuptial Agreement is to try and preserve assets and wealth that one enters a into a marriage with. However, there are certain guidelines that need to be followed when formulating a Prenuptial Agreement.
Naturally, the needs and provisions of your partner need to be reasonably catered for, within such an agreement – and in this instance, neither our client or her child would have been due anything!
Furthermore, neither party should feel pressured into signing and any signed (signed by both parties) Prenuptial agreement must have been executed a minimum of 28 days before a marriage (or Civil Partnership) takes place, with both parties having received professional legal advice.
Obviously, in speaking to us, our client was receiving professional advice. However, with a lack of any real provision for her and her daughter combined with the fact that the wedding was just 7 days away, we advised her not to sign.
Thankfully, she followed our advice and refused to sign – with the wedding still taking place.
Whilst Prenuptial Agreements are not legally binding, in the Courts of England and Wales, today, the courts do give serious consideration to a professionally drafted Prenuptial Agreement, that’s not only signed by both parties, but also, one that follows a set of clearly defined guidelines.
RJS Family Law are experts in such agreements. To find out more about the guidelines and how we could help draft such an agreement for you, get in touch:
rachel@rjsfamilylaw.co.uk
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For more detailed information or to start your process, contact us today.
FAQs
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It is advisable to start the prenuptial agreement process at least several months before your wedding. The agreement must be signed at least 21 days before the wedding to be considered valid. Starting the process early ensures that both parties have ample time to review, negotiate, and fully understand the terms of the agreement without feeling pressured. At RJS Family Law, we guide you through the process, ensuring that your agreement is completed well in advance of your wedding day.
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Yes, a prenuptial agreement can be modified after marriage, but this requires both parties to agree to the changes. The modifications should be documented in a postnuptial agreement, which is also legally binding. Both parties should seek independent legal advice before making any changes to ensure that the new terms are fair and enforceable. RJS Family Law can assist you in drafting and modifying prenuptial agreements to reflect any changes in your circumstances.
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A prenuptial agreement cannot legally determine child custody or support arrangements, as these matters are decided based on the best interests of the child at the time of separation or divorce. However, the agreement can outline financial arrangements and property division that may indirectly affect the financial stability of both parties, which can be considered in custody and support discussions. At RJS Family Law, we ensure that your prenuptial agreement is comprehensive and complies with all legal requirements, while also considering the broader implications for your family.
