Pre & Post Nuptial Agreements and Pre-Registration Agreements

At Radshaw Solicitors, we believe that it is important to plan ahead of time so that the future is as stress-free as possible for you legally. Prenuptial agreements (prenups) and pre-registration agreements permit people who want to get married to plan ahead should things not work out in the future.

In the UK, pre & postnuptial agreements and pre-registration agreements are becoming more and more popular as marriage breakdowns can incur financial complications. Although it can be seen as an unromantic way to begin your marriage, it can be a very sensible process to ensure there are clear instructions drawn up and that both parties are protected for the future.

There are three main types of agreements:

• A prenuptial agreement – this sets out exactly who owns what out of all the couple’s belongings, assets, property, and money. It then lists how these will be divided if the relationship should break down. This agreement is made before marriage.
• A postnuptial agreement – covering similar items to a prenuptial agreement, this agreement is made after a marriage.
• A pre-registration agreement – this agreement is entered by a same-sex couple before their civil partnership.

If you think you may need any support with the agreements above, please speak with a member of our team, and they will advise you of the next steps.

Pre & Post Nuptial Agreements and Pre-Registration Agreements FAQs

Why would we need an agreement before we get married?
They may be beneficial to you if you:

• Have been previously married and want to protect your existing assets.
• Need protection for assets for children or dependents from a previous marriage.
• Want to safeguard your business or investments.
• Have assets that may be difficult to split in the case of a relationship breakdown.
• May have financial assets of a significantly greater value than your partner.
• You may be due to inherit money or assets in the future and want to protect these.

Are prenuptial agreements legally binding in the UK?
It is important to note that in England and Wales, prenups are not legally binding. However, more weight is being given to correctly drawn up Prenuptial Agreements by the courts.

Our specialist family lawyers will advise you through the process and are experienced with drafting a wide range of prenups.

Both parties must have expert legal representation when entering into a prenuptial agreement to ensure that fair representation is received on both sides. It is also essential to ensure that the agreement is regularly updated to reflect any changes that may have occurred in the relationship.

Can I get an agreement after marriage?

The afore mentioned agreements are ones that you make before your upcoming marriage. If you are already married and wish to make a similar type of agreement, you can engage with a solicitor to make a postnuptial agreement.

A postnuptial agreement is not legally binding but would be considered by a court should it be drawn up correctly and fairly.

Our experienced family law team would be more than happy to discuss any questions you may have over postnup agreements, so get in touch on 0333 3445 548 should you need any support.

Are there any other ways that we can be protected as an unmarried couple?

There are a few other ways in which you can protect yourself if you aren’t married:

  • A cohabitation agreement that details how property and assets are owned and divided, arrangements for children, finances, and next of kin details.
  • A declaration of trust, which is an agreement that verifies which individuals own properties, so, for example, the amount of equity both parties will get should the relationship end.
  • Making a will, which is a legal document that expresses a person’s wishes upon their death.

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Radshaw Solicitors Ltd

The Atrium
1 Harefield Road
Uxbridge
UB8 1EX

Telephone

0333 3445 548

Email

info@radshawsolicitors.com

Office Hours

Monday – Friday

09:00 – 17:00

Saturday

09:00 - 13:00 (By Appointment Only)

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