Home > Our Services > Family Law & Matrimonial Law > Pre and Post-nuptial Agreements
mediation services

Pre and Post-nuptial Agreements

Pre and post-nuptial agreements attempt to protect the parties of a marriage should the relationship later break down. Such agreements can address property, maintenance and child support or children issues. Under English law, this type of agreement is becoming a useful method of financial management, particularly favoured by those who have previously been married and wish to document their financial independence moving forward.

English law does not formally recognise pre and post-nuptial agreements in the same way some other countries do, although this is currently under review.  The Law Commission has already announced that it intends to recommend that a “qualifying nuptial agreement” be introduced, which would be binding. For the time being, whilst a pre-nuptial agreement will not be binding on the courts when couples divorce, it plays an important part in the discussions.

English courts must consider a significant number of factors when deciding the distribution of matrimonial assets upon divorce.  In recent years, English courts have given pre-nuptial agreements greater weight in a number of cases.

A pre-nuptial agreement is evidence of the parties’ intents at the time they signed it, in contemplation of marriage. The best chance of a pre-nuptial agreement being upheld occurs when the following issues are taken into account within the agreement:

  • The agreement must be voluntary – neither party should feel pressured into entering into the agreement;
  • Both parties need to be separately and independently advised by a lawyer;
  • Both parties must disclose their financial assets and liabilities in a full, frank and honest manner;
  • The pre-nuptial agreement should be entered into some time before the marriage takes place – at least six weeks prior to the marriage as a general guideline; and
  • The agreement must be fair or it is unlikely to be upheld. Certain changes of circumstances, such as children, may result in a change in the application of the agreement.

It is clear, however, that an agreed position under a pre and post-nuptial agreement can be a useful starting point should the relationship break down in the future.  The English Courts are taking them into consideration.

We have experience of drafting pre and post-nuptial agreements, should this be an area that you are considering.  In practice they are not the all or nothing documents frequently reported about celebrity marriages, but are a discrete, considered way to reflect the hopes of both parties on entering into marriage.

[]
1 Step 1

Quick Quote

Your Nameyour full name
Contact Number
Post Codeyour full name
Your Messagemore details
0 /
Previous
Next

Family Law & Matrimonial Law

Why should you use us?

Edward Hands and Lewis have been in business for well over 100 years and we understand our client's needs. Here are a few reasons why you should use us.
  • Map and Double Pin Icon National Locations

    Edward Hands and Lewis is now a nationally-acclaimed body. For over a hundred years Edward Hands and Lewis has been an established solicitors in the Leicestershire area, but now we have branched out across the UK.

  • Stopwatch Icon Quick Response

    At Edward Hands and Lewis we pride ourselves on our quick response time and there are several ways you can get in touch, whatever the method, we will make sure we get back to you as soon as we can and get to work on your case.

  • Coffee Cup Icon Free Initial Assessment

    We offer a free initial assessment so you know that you have found the right people for the job. Contact us and no matter what your enquiry is about, we will find the right person to deal with your case.

  • Magnifying Glass Icon Transparent Pricing

    We make our prices fully transparent so our clients know exactly what they’re paying for throughout the process. We also offer fixed-fee services so you know the full costs from the outset.

  • Wrapped Present with Bow Icon Personal Approach

    Our solicitors are approachable and helpful and understand that legal undertakings can be incredibly stressful. We pride ourselves on excellent client service which has been recognised year on year by our Lexcel accreditation.

  • Clock Face Icon Out of Hours

    We know you may not be available within standard working hours, which is why we make ourselves available for out of hours appointments.

  • Magnifying Glass Icon Languages we speak

    At Edward Hands and Lewis several of our specialists are multi-lingual in the following languages: Punjabi, Hindi, Urdu, Gujarati, Serbo-Croation, French, Italian, German, Swedish. For any other languages, the services of translators may be appropriate.

  • Wrapped Present with Bow Icon Award winning team

    At Edward Hands and Lewis we have an award winning team to deliver legal services to you. Our solicitors and support teams have won awards for their expertise and business acumen and continue to deliver excellence in the profession.

Map and pin icon
Sign up to our newsletter