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Family Law Services from Comptons Solicitors

Wealth Protection

Wealth Protection on Divorce

Helping ensure your property and other assets are protected should your marriage break down.

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.

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

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.

Cohabitation Agreements Lawyers London, Hertfordshire and Brighton

It is becoming increasingly common for couples to reside together and have children without considering entering into marriage or a civil partnership. The law does not protect cohabiting couples with any specific rights over property or any other assets.

What should a cohabitation agreement cover? 
  • Property – The legal shares each person will have, plus how the mortgage payment and other property costs will be split.
  • Savings – Details of how any savings amassed during the marriage will be split.
  • Debts – Details of how any outstanding debts will be settled.
  • Pensions – Any adjustments that will be made to pension schemes post-divorce.
N.B. This is not an exhaustive list and is not intended to be relied upon in the absence of legal advice. Similarly to nuptial agreements cohabitant agreements are not legally binding by statue, however Judges will be guided by the terms.
We understand that no one wants to believe their marriage will end, but it's important to plan for every eventuality

Our specialist family lawyers offer advice on all aspects of wealth protection including cohabitation agreements, and pre-nuptial and post- nuptial agreements. We understand that no one wants to believe that their relationship or marriage will end and these arrangements can be considered unromantic or dooming a relationship/marriage to end. Sadly, the reality is that relationships and marriages to do end so if you have an agreement in place it can reduce/eliminate any further animosity that is often experienced during a breakdown of a relationship/marriage and reduce further costs and time.

In the UK, cohabiting couples are not afforded the same level of protection by the law as married couples. It is often this misconception that people believe that if they have been a cohabiting couple for a period of time, they became ‘common law’ spouses and have the same rights as married couples.

A prenuptial agreement is entered into before a marriage and enables couples the opportunity to consider their current financial positions and their plans for a financial settlement should the marriage end.

A post nuptial agreement is entered into after a couple is married and living together allowing them to plan their finances should the marriage end.

To understand your rights and consider obtaining an agreement in respect of your property, pensions, savings, investments and children contact one of our expert family lawyers.

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."

Kiran Reyat, Head of Family Law