Agreements: pre- and post-nuptial

If you and your partner enter into a pre- or post-nuptial agreement, you can determine in advance how your assets will be shared should you separate. Making those decisions now will reduce the financial and emotional trauma of divorce - should it ever happen - enabling you both to move on and, importantly, ensure your children (if you have them) are provided for.

This is a pertinent issue for business owners, too, and any business owner contemplating marriage should consider a pre-nuptial agreement to reduce the risks to their business should the marriage end in divorce. The same should apply to business partners or fellow shareholders, if the sale or transference of their interest could affect you.

Pre- and post-nuptial agreements allow couples to structure terms that fit their individual situation, instead of submitting themselves to decisions by the courts if they divorce, and our team includes specialists who can advise on and draft pre-nuptial, post-nuptial and separation agreements to protect your assets in the event of relationship breakdown.

While it’s true that pre-nuptial agreements do not remove the jurisdiction of the court, a Supreme Court decision in 2011 has given pre-nuptial agreements far more weight, and in February 2014 the Law Commission recommended that pre-nuptial agreements should be legally binding in divorce settlements once the needs of the separating couple and any children have been taken into account.