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Pre-Nuptial and Post-Nuptial Agreements

At OTS Solicitors, we have experienced family law solicitors who can assist you with drafting and negotiating pre-and post-nuptial agreements. Although not technically legally binding, the courts have stated on numerous occasions pre-and post-nuptial agreements will be taken into serious consideration in a divorce hearing.

It is therefore imperative that your agreement is drawn-up by an experienced family lawyer who understands the potential future implications of a pre-or post-nuptial agreement.

To speak to our top family law solicitors based in the City of London, please contact us on 0203 959 9123, or contact us through our online enquiry form.

For more on how our Family team can help you, visit our dedicated Family Law site.

While it may not be considered romantic, it is a fact of modern life that more couples than ever are now taking the pragmatic step to enter into pre-or post-nuptial contracts to protect their interests in the unfortunate event that their marriage does not last. This is even more common now as people increasingly defer marriage or re-marry later in a life and as a result have built-up greater levels of assets. Such arrangements become more important when the interests of children from a previous marriage are taken into account.

Our experienced family law solicitors, based in London, can provide astute advice if you need a pre-or post-nuptial agreement.  We can also provide independent legal advice as to the future financial implications of any pre-or-post nuptial agreement you are asked to sign.

Ms. Jordana Adams, who has  several years of experience in family law and litigation heads our family law team.  Ms. Adams is a member of Resolution, an organisation of 6,500 family lawyers who follow a strict Code of Practice designed to resolve family law matters in a constructive, non-confrontation manner.  Resolution members also campaign for improvements to the family justice system.

Ms. Adams and her team are committed to helping couples resolve family law disputes in a non-confrontational manner.  As with all the best divorce lawyers, one of the primary objectives of the OTS family law team is to prevent couples ending up in court in all but the most exceptional circumstances.  We strive to help couples reach an agreement via round-table negotiations and mediation, alternative dispute resolution methods, which Ms. Adams and her team have a wealth of expertise in.

The highly experienced family law team at OTS Solicitors understand the often-sensitive nature of drafting up and entering into pre-or post-nuptial agreements. We will handle your case with the utmost care and respect, ensuring that you understand the whole process.

What are Pre-nuptial and Post-nuptial Agreements?

A pre-nuptial agreement, commonly known as a prenup is a contract between couples entered into before marriage which describes how assets or property will be divided and financial support will be managed in the event of a divorce or marriage breakdown. A post-nuptial agreement provides the same purpose but is entered into during the marriage. Our highly experienced family law team will guide you through the consequences of proposing or accepting a pre-or post-nuptial agreement ensuring that it is written in the clearest and most concise manner possible to protect your best interests.

Are Pre-and Post-Nuptial Agreements Enforceable?

Within the United Kingdom, neither pre nor post-nuptial agreements are seen as legally binding, however, if drawn up and entered into correctly they can be considered a relevant circumstance by the court and therefore likely to be upheld.  It is important that the agreement is drawn up by an experienced legal practitioner. We will ensure that your agreement has the best chance of being taken into full consideration by the court should it become necessary.

How are Pre-and Post-Nuptial Agreements Arranged?

To be considered valid, a pre-or post-nuptial agreement must have been negotiated with the assistance of solicitors, there must have been an exchange of financial disclosure between the parties, and the prenuptial agreement must be fair on the face of it.  For pre-nuptial agreements, it is also important that it is entered into sufficiently prior to the marriage to avoid there being any possible assertion that there has been duress.

Our specialist team of family lawyers are experienced in advising when a pre-or post-nuptial agreement is appropriate, the matters to consider when entering into such an agreement, and in the preparation of the document to take account of all circumstances.

Why choose OTS Solicitors?

There are many family lawyers to choose from in London, but we believe certain qualities make us stand out.  Primarily, we put the needs of the client first.  By investing in being a member of Resolution and following non-confrontational practices when resolving family law disputes, clients can trust that we are committed to helping them find workable solutions to their problems as quickly as possible.

In addition, our family law solicitors can draw on the expertise of other departments in the firm.  Our commercial lawyers can provide guidance on the structuring of a business which may be included as part of a pre-or post-nuptial agreement.  In addition, our Immigration solicitors considered some of the best in London, can assist with any Spouse or Unmarried Partner Visa Immigration matters affecting our family law clients.

At OTS Solicitors, we understand how to draft pre-and post-nuptial agreements in a way that will ensure the best outcome for our clients should it need to be enforced.  Our family law team will sit down and discuss your unique circumstances and draft a bespoke agreement that is flexible enough to accommodate any foreseeable change in circumstances.

We would be happy to discuss your circumstances in an initial consultation.

For a more detailed discussion regarding your family law matter, or to book an appointment with a member of our family law team, please call us now on 0203 959 9123

Your Questions and our answers about Pre-Nuptial and Post-Nuptial Agreements

Thank you for your enquiry.

It is possible for you to enter into a prenuptial agreement to regulate and protect your finances in the unlikely event of a marriage breakdown. Although a prenuptial agreement is not legally binding, it will usually carry significant weight provided that certain criteria are met and there are no significant changes. Please also note that a will would supersede any prenuptial agreement and therefore, it is important for you to have a valid will in line with your wishes.

Please note that if you decide not to proceed with a prenuptial agreement, there is a possibility to enter into a postnuptial agreement after the marriage takes place should you change your mind.

The law relating to prenuptial and postnuptial agreements is extensive and therefore it is important to seek legal advice. We would be happy to assist further. Feel free to call us on 0203 959 9123 or contact us here.

Nowadays it is increasingly common for parents or parents-in-law to suggest that a son or daughter and their spouse signs a postnuptial agreement. That is because many older couples are helping their children to get on the property market or are giving money to help fund a larger house. Your parents-in-law have probably been given professional advice on the advisability of only going ahead with what is called lifetime gifting if there is a postnuptial agreement in place to protect their family money.
You will need legal advice on the postnuptial agreement, as it may not be in your interests to sign the document. Whether you should sign the agreement depends on the contents of the postnuptial agreement and your individual financial and personal circumstances. If you were to split up from your husband, the postnuptial agreement could limit your financial claims or might mean that it would be harder for you to stay at the family home. That is why it is important that you get legal advice before you sign the postnuptial agreement so you understand the implications of signing it.
To discuss your situation and the proposed postnuptial agreement we would need to see you. We can give you expert advice on the proposed postnuptial agreement and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
The family law team at OTS Solicitors
Thank you for your enquiry.
Your family and friends are right to suggest thinking about a prenuptial agreement. A prenuptial agreement is a sensible option for most couples and especially in your circumstances as you are already a homeowner.
Prenuptial agreements are currently not legally enforceable in the UK. However, if you were to split up, the prenuptial agreement is likely to carry a lot of weight and limit the property and other orders that might otherwise have been asked for by your wife.
A prenuptial agreement should be signed at least 28 days before the marriage ceremony. It is therefore important that you see a family solicitor quickly to discuss the prenuptial agreement.
If you split up and have to rely on the prenuptial agreement, you will want it to be as effective as possible. For the prenuptial agreement to carry weight in a divorce court, you will need to tell your girlfriend about your property and income (if she does not already know).You will both need independent legal advice. In addition, the prenuptial agreement needs to be fair and meet needs.
As your girlfriend is not a British citizen, a family solicitor will also need to consider court jurisdiction issues if you were to split up with her after your marriage.
The first step is to discuss what you would like to put in your prenuptial agreement. A solicitor can guide you on the options taking into account your personal circumstances and individual preferences and the fairness test.
Given your timeframe, please call us as soon as you can on 0203 959 9123 to discuss the preparation of your prenuptial agreement and to arrange an appointment to discuss how we can help you.
family law team at OTS Solicitors

Dear Sir,

Thank you for your enquiry.

We can assist you with a pre-nuptial agreement as you have requested. However, the first thing for you to do is to get some legal advice as to your rights once you are married and establish if you are happy to go forward with a pre-nuptial agreement and if so how it should be drafted. Your fiancée will also need to get independent legal advice and your assets should be disclosed to each other prior to the agreement being made.

Where both parties agree then the agreement can be executed.

Our family law solicitors will contact you shortly.

Dear Sir,

Many thanks for your enquiry.

We can provide advice as to your legal position with respect to a pre-nuptial agreement, independent legal advice in relation to any proposed pre-nuptial agreement and assist with agreeing any necessary amendments prior to the agreement of a pre-nuptial agreement.

A family law solicitor will contact you shortly.

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