Pre and Post Nuptial Agreements

Pre Nuptial agreements ( PreNups ), are becoming increasingly common and we can provide the legal advice and drafting and negotiating skills required to ensure your best interests are protected and the agreement will stand up to possible future court scrutiny.

Pre and Post Nuptial Agreements

How we can help you:

Pre Nuptial agreements ( PreNups ), are becoming increasingly common and we can
provide the legal advice and drafting and negotiating skills required to ensure your best interests are protected and the agreement will stand up to possible future court scrutiny.

Based in Henley-on-Thames, we have over 30 years’ experience in family law and specialise in complex, high-net-worth and/or international matters. You can be confident that by instructing us to draft or negotiate your pre or post nuptial agreement, we will bring that experience to provide you with the best possible advice.

Below are the answers to some common questions regarding pre and post nuptial agreements.

Are pre and post nuptial agreements legally enforceable?

Technically no. However, although the court will have the final say as to how financial assets are to be divided when a couple divorce, they do have to take a nuptial agreement into account provided certain criteria are met.

In the landmark case of Radmacher v Granatino [2010] UKSC 42, the Supreme Court stated that

“The Court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement.”

The court will apply the following three-part fairness test with regard to the nuptial
agreement;

a) was the agreement was freely entered into?,
b) did both parties understood the agreement?, and
c) is reasonable to hold both parties to the agreement?

To ensure the agreement is judged ‘fair’ it is imperative to have it drafted and reviewed by an experienced family law solicitor.

What is the difference between a pre and post nuptial agreement?

A pre and post nuptial agreement are the same except for the fact a prenuptial agreement is
entered into before marriage and a post nuptial agreement is created after the wedding has
taken place. Post nuptial agreements are often entered into by couples who are
experiencing marital difficulties and wish to clarify their financial positions whilst they work on
their relationship.

Why Choose Blores?

Couples often choose to put marriage off until they are established in their careers. This means many people enter a marriage with substantial property and assets. Our job when drafting or negotiating a pre or post nuptial agreement is to provide pragmatic legal advice and representation to look after your best interests.

To make an appointment to draft or negotiate a pre or post nuptial agreement, either in person or via video conference, please call us on 01491 579265 or email seb@blores.co.uk.

How Can We Help?

Get in touch to discuss how we can help.

How Else Can We Help?

Divorce

With over 30 years’ experience in complex divorce and civil partnership dissolution cases, we can advise and represent you throughout your divorce.

Financial Settlements

We are experts in advising and representing clients in working out the best financial settlement possible on divorce or the end of a cohabiting relationship. We understand how important it is to secure a settlement that will allow you to move forward to a positive future.

Children

If you’re having difficulties in agreeing the arrangements for your children, or if you’re unmarried and wondering about getting financial support for your children, we can advise and represent you.

Variation and Enforcement

If your circumstances have changed, we can advise and represent you on varying or enforcing a financial consent order.

Mediation

Family law mediation is a confidential, cost-effective, and swift (when compared to litigation) method of resolving family law disputes.

What People Say About Blores

Mr JR

I can't thank you enough for giving me a balanced view and helping me to get on with it and settle. I do think that you have given me great advice ... .. I will certainly recommend you to friends who inevitably end up in the same situation.

Mr LD

I would like to add my sincere thanks for your expertise but also your understanding and your patience. ..... preserving the relationship was the most important thing and we seem to have managed to keep this in good shape as we walked through the technicalities of the divorce. I really appreciate the guidance and support you gave to me during this journey.

Mrs PJ

Thank you so much for your very kind and patient support over the last few years, I could not have managed the situation I found myself in without your help and wise counsel. As you know, I was floundering and felt very lost and confused, but your reassurance and guidance helped pull me through.