It is an accepted fact that marriage sometimes leads to divorce, but even where it is an amicable decision, tension and challenges can arise, particularly when it comes down to non-matrimonial and matrimonial assets and how they will be divided. Often it can cause considerable worry, and where matters cannot be solved, many are left with stressful and expensive court proceedings.
Prenuptial agreements are becoming increasingly common. It may seem like a daunting prospect asking your partner to sign a prenup, but many individuals have acquired assets prior to marriage, from personal savings to property, and it’s important to protect that. A prenuptial agreement will provide you both with financial security in the event of divorce.
Our solicitors can provide a bespoke prenuptial agreement service, having had extensive experience working with clients in all manners of situations, from cases that are more straightforward to those that are a little more complex.
We offer a 30-minute free initial consultation to understand your requirements and advise you on how we can help, including the likely costs involved.
Our prenuptial agreement services
Drafting a prenuptial agreement
Where you are interested in having a document in place to help protect your financial interests before marriage or a civil partnership, our solicitors will work alongside you to structure a document that sets out what will happen in the event of a divorce.
Our solicitors will take the time to clearly talk you through the entire process, making sure to explain everything in clear English without any unnecessary legal jargon so that you are fully aware of what the agreement sets out and the implications of it before you decide to make a final decision.
The prenuptial agreement is there to set out several important factors that can be used in the event of a marriage breakdown, including:
- Details on who owns what assets
- Making arrangements for what will happen to the family home
- Making arrangements for how money and property will be divided
- How debts will be settled
- Arrangements for how non-matrimonial assets will be divided
- Making financial arrangements with regard to any children
Responding to a prenuptial agreement
If you have been presented with a prenuptial agreement drafted by your partner and their solicitor, it is ultimately your decision if you want to sign it. You should not feel pressured to sign it – if you sign under duress or without independent legal advice, the agreement may not be upheld by a judge in court.
Our solicitors will be able to examine the agreement with you, taking the time to explain anything you may not understand, as well as see if it aligns with your views. Our prenuptial agreement solicitors will establish with you the benefits and problems and, should you not want to sign and instead negotiate the agreement, we can assist with this.
Negotiating the terms of a prenuptial agreement
Where you do not agree with the terms of a prenuptial agreement that has been presented by your partner or similarly your partner will not sign an agreement drafted by you, our solicitors will take the time to find a solution that suits your circumstances and negotiate with your partner and their solicitor to find a suitable outcome. Our goal is to ensure that any agreement is fair to both of your interests and that of any children.
Creating a postnuptial agreement
Where you are already married or in a civil partnership without a prenuptial agreement, it is possible to get a similar agreement drafted, and this is known as a postnuptial agreement. There is no real difference between them. The only dissimilarity is that they were signed after you tied the knot or entered a civil partnership.
Why choose F Barnes for advice about prenuptial agreements?
Our team of prenuptial solicitors at F Barnes are dedicated to providing a tailored service designed specifically for each client and their circumstances. We will protect your interests, as well as those of any children. Alongside this, we will provide close personal support to make sure you are fully comfortable with any decisions. We have the experience to ensure that our clients get the result they are looking for without any unnecessary conflict.
We have extensive expertise across the team, having helped many clients secure outcomes that suit their circumstances. Our Managing Director and Head of Family, Tiina Juhanson, had the Law Society Family Panel accreditation and is a Resolution Accredited Specialist in Finance.
Our testimonials page can provide more information on how we have previously helped clients in similar situations and their recommendations of our team.
Frequently asked questions about prenuptial agreements
Are prenuptial agreements legally binding?
Prenuptial agreements are not legally binding documents. Despite this, as long as various conditions have been met, the agreement is likely to be upheld by a court if required.
Generally, the court will look at the following conditions:
- That both parties sought separate legal advice
- That both parties entered the agreement freely and voluntarily
- That both parties understood the potential implications
- That both parties provided financial information of assets
- That the agreement is fair to both parties
- That the agreement does not negatively impact any children
Alongside these conditions, the agreement must also be drawn up by a qualified solicitor.
Can a prenuptial agreement be amended after marriage?
Yes, you can amend a prenuptial agreement after marriage. As long as both parties consent to the amendment and the various conditions have been met, it should be upheld by a judge if necessary.
Do I have to sign a prenuptial agreement?
A prenuptial agreement should be freely and voluntarily entered without anyone forcing you to sign. If you are not sure about signing the agreement due to its terms, it is recommended to seek legal advice from an experienced prenuptial agreement solicitor. They will help you to assess the terms provided and, if necessary, negotiate an agreement you are more satisfied with.
Contact our prenuptial agreement solicitors in Essex
Get in touch with our friendly prenuptial agreement solicitors to talk about how we can help you.
You can contact us during our office hours of 9am-5pm at your local branch in Romford, Gidea Park or Collier Row by giving us a call on:
Alternatively, contact us at any hour of the day by filling in our online enquiry form, and we will get in touch.
We endeavour to return all enquiries the same or next working day, and you will be able to speak to someone within our Family Law team straightaway.