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Family Law Services from Comptons Solicitors

Pre- and Post-Nuptial Agreements

Entering into Pre-Nuptial and Post-Nuptial Agreements

What is a pre-nuptial and post-nuptial agreement?

In England and Wales there is no statute that recognises pre- and post-nuptial agreements. However there has been significant case law where Judges have taken into account the term of the agreements when considering the division of assets on divorce.

A pre-nuptial agreement (commonly referred to as ‘pre-nup’) is an agreement that sets out the agreed settlement of property and other assets should the marriage breakdown. The agreement provides parties with the protection of inherited family wealth, should there be a wealth difference between the parties. 

Similar to a pre-nup, a post-nuptial agreement is entered into for similar reasons. The post-nuptial agreement is entered into post-marriage and may be pertinent should there have been a financial change in the course of the marriage.

What goes into a pre-nuptial agreement?

When entering into a pre-nuptial or post-nuptial agreement we recommend considering the following as a starting point:

  • The wealth of each party
  • Any significant likely inheritance or gifts from family
  • Future trust funds
  • Family businesses
  • Ring-fenced assets acquired prior to the marriage
  • Existing debts

This is not an exhaustive list and is not intended to be relied upon in the absence of legal advice.

Looking for help to protect your wealth and assets? Contact our Pre- and Post-Nuptial Agreement Lawyers London, Hertfordshire and Brighton

Who to speak to at Comptons

Kiran Reyat
Head of Family Law
+44 (0)20 4538 5417

"We understand that it can be difficult to have a conversation about the division of financial assets should you divorce, when in the process of entering into the marriage. We deal with negotiations in a sensitive manner, understanding the emotional and future financial significance of these discussions."