Pre-nuptial And Post-nuptial Agreement Solicitors
If you are entering into marriage with assets you would like to protect, or you wish for the terms of your relationship to be as clear cut as possible, entering into a pre-nuptial agreement (pre-nup) or post-nuptial agreement (post-nup) is a sensible step to make. At Tindills Solicitors, our expert team can advise you about these agreements, providing you with assurance for the future.
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Our Pre-nup & Post-nup Expertise
We appreciate that adding specific terms and conditions to a marriage may not seem the most romantic gesture for many couples. That is why our expert solicitors take the time to understand your situation, providing practical advice that allows you and your partner to create a document tailored to your relationship.
Our specialist family law solicitors are experts in using various alternative dispute resolution methods, such as Collaborative Law, meaning we can help you resolve any disputes with minimal conflict, should they arise. All of our team are members of Resolution, a network of family law professionals who are committed to promoting constructive approaches to family issues. We also have a specialist accredited member of Resolution as a part of our team.
Our team can provide representation and carefully tailored support if an agreement is open to challenge and court proceedings are required.
In addition to advising on pre-nups and post-nups, we also have a range of related expertise, which can be viewed on our main Family Law page.
Please note that we do not deal with Legal Aid enquiries for any Family Law work.
To arrange an initial appointment with one of our pre-nup solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call 01782 652300 or use the enquiry form.
Our Pre-nup and Post-nup Expertise
Advising on the Terms of an Agreement
It should go without saying that signing a pre-nup or post-nup is a critical decision and should not be taken without first receiving independent legal advice. Our solicitors can sit down with you to discuss whether making an agreement would be appropriate for your circumstances, ensuring you can make a fully informed decision about moving forward.
Pre-nups and post-nups are often used where:
- You have a high income
- You are a business owner or own significant shares in a business
- You have children from another relationship
- You have high-value assets
- You are due to receive a significant inheritance
- You or your spouse have debts
Negotiating and Drafting the Agreement
If you wish to proceed with drafting an agreement following a meeting with a member of our team, we can guide you through the entire process from start to finish. We can advise you on your rights and those of your partner, helping you create an agreement tailored to your situation.
If there are any disagreements over the precise terms of the agreement, we can support you during any negotiations. The final goal is to reach a fair agreement that is in everyone’s best interests.
Responding to an Agreement from Your Partner
If you have been offered an agreement to sign from your partner, you must receive legal advice before you make the decision to sign. This will help you understand the implications of the agreement and ensure that the document will carry legal weight if it is ever brought before a judge.
Our pre-nup solicitors can work alongside you to review the agreement’s terms. We can then advise you on whether the agreement is fair and whether any points need to be amended.
Updating the Terms of an Agreement
It is important to remember that the terms of a pre-nup can always be changed by creating a post-nup. Existing agreements should be reviewed and updated every 3 to 5 years or following a significant life event. They will never be stagnant and should be kept consistently up to date.
If you need to make adjustments to your agreement, our team can provide support and expertise.
Applying an Agreement During Divorce
Having a pre-nup or post-nup in place during a divorce can help streamline the process, but it is still important to seek legal advice from our team to ensure that the terms of the agreement can be applied.
Should the agreement be open to challenge for any reason, we can represent your interests and help you work towards agreeing on a fair settlement.
Pre-nup and post-nup FAQs
What is a Pre-nup?
A pre-nup (a prenuptial agreement) is a legal document made before marriage. It details what should happen to the assets of both parties if they were to divorce. Pre-nups are usually made to help clarify a relationship and protect both parties’ financial security.
Can you make a Pre-nup after marriage?
Yes, this is known as a post-nup (postnuptial agreement). There are no differences in how post-nups are structured; they are only signed after the marriage is official.
Is a Pre-nup legally binding?
It should be noted that pre-nups and post-nups are not strictly legally binding in England and Wales. The courts can technically override the terms of an agreement if it is not considered fair or does not consider the needs of either spouse or their children.
Each person must have received independent legal advice before signing an agreement.
In addition, a prenuptial agreement must fulfil certain conditions, including:
- The agreement should be in writing
- The agreement should be considered fair
- The agreement must make provisions for any children
- Both parties must sign the agreement willingly
- The implications of the agreement must be clearly understood
- Both parties must provide a full disclosure of their finances
Agreements should also be consistently updated (every 3-5 years or after a significant life event) to be upheld by the courts.
How much does it cost to make an agreement?
The precise cost of negotiating an agreement will ultimately depend on your circumstances and the level of work that your legal team must complete.
You will be able to better understand the potential legal fees for your case during an initial meeting with a member of our team. Initial meetings are priced at £125 + VAT.
Why Tinsdills is the legal team for you
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Get in Touch With our Pre-nup and Post-nup Solicitors Today
If you wish to discuss a pre-nup or post-nup further, please contact a member of our expert team today.
With a dedicated team to take you through every step of the process, you can rest assured that we will provide you with all the support you need to make an agreement that is right for your circumstances.
Please note we do not deal with Legal Aid enquiries for any Family Law work.
To arrange an appointment with one of our pre-nup and post-nup solicitors in Hanley, Leek, Newcastle-Under-Lyme, or Sandbach, please call