Pre-marital (pre-nuptial) and post-nuptial agreements
There are plenty of things to think about in the run up to a wedding, for example flowers, speeches and the honeymoon. Less romantic – but perhaps just as, if not more important – is a nuptial agreement.
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Pre-marital (pre-nuptial) and post-nuptial agreements
There are plenty of things to think about in the run-up to a wedding, for example, flowers, speeches and the honeymoon. Less romantic – but perhaps just as, if not more important – is a nuptial agreement.
These agreements are documents you can draw up before or after getting married, which aim to provide both you and your partner with clarity and certainty around the protection of your assets and how you would like to divide these if you later choose to separate or divorce. In civil partnerships, these are known as pre-registration and post-registration agreements.
They can be especially beneficial where there is a disparity in the assets or income being brought to the marriage by each person. For example, where one of you has a considerably higher income or capital assets, or has inherited a large sum of money.
Should I get a pre or post-nuptial agreement?
Pre and post-nuptial agreements have pros and cons and are not always appropriate for everyone, or in all circumstances.
Our solicitors can explore your personal situation with you and consider whether a pre or post-nuptial agreement would be suitable or beneficial in your specific circumstances.
We are also able to advise on the enforceability of nuptial agreements should circumstances change from those at the time the agreement was drawn up.
It is important to point out that nuptial agreements are not legally binding in England and Wales. However, since a key case in 2010, pre and post-nuptial agreements are now given decisive weight provided that:
- Both parties enter into it of their own free will without undue influence or pressure
- Both parties are informed of its implications
- Each party had all the information available that is material to his or her decision
- The agreement is fair in the circumstances
Practically, this means that the document needs to be drafted fairly, meeting the needs of both parties and any child of the family. Both parties should take independent legal advice, and fully disclose their financial positions and the document should be signed at least 28 days before the wedding or civil partnership ceremony.
Our specialist pre and post-nuptial solicitors look after clients across Sussex, with offices in Brighton, Chichester, Crawley, Eastbourne, East Grinstead, Lewes, Peacehaven, Seaford and Storrington, as well as London.
Contact our family law team today
Our family law solicitors specialise in pre and post-nuptial agreements. If you think that one of these agreements may be beneficial to you and your circumstances, we are here to help. Contact us and we will be happy to discuss your options.
How our Pre and Post-nuptial Agreements team can help you
Why choose Mayo Wynne Baxter's legal services
We are a family law firm that prioritises client care and provides legal expertise. We offer a wide range of services to handle complex family matters.
- Personalised and compassionate approach
- Experienced team of family law solicitors
- Strong focus on client satisfaction and accessibility
- We provide personalised advice and support throughout the whole legal process
Pre and Post-nuptial Agreements FAQs
Pre and post-nuptial agreements have pros and cons and are not always appropriate for everyone, or in all circumstances. Our solicitors can explore your personal situation with you and consider whether a pre or post nuptial agreement would be suitable or beneficial in your specific circumstances.
Meet our team
Our other pre and post-nuptial agreements services
What to expect when you contact us
- Once you have completed the contact form or called us, our client service team will call you back, to ask a few questions including your preferred method of contact. This information is then passed directly to the Legal Adviser who will be working for you. Once you are happy to proceed we will gather all the relevant information and your file will be opened almost immediately so we can start work.
- A member of the Client Service Team will keep in contact with you on a regular basis throughout your transaction, to make sure you and them are satisfied with the progress of your matter. There is no additional charge to you for their involvement.
- We are here to assist you and ensure everything proceeds as smoothly as possible. You will have direct contact details for the client service team, who you can contact at any point during your matter.
Our aim is to make the process as easy and uncomplicated as possible for you.
Rebecca Robinson 
Marwa Hadi-Barnes 
Jessica Partridge 
Grant Parker