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    What are Prenuptial and Postnuptial Agreements?

    Prenuptial and postnuptial agreements are often technically complex and they can address thorny issues relating to personal or business property and assets owned by the individuals before their marriage.

    Such formal agreements can be carefully drafted by our team of expert family lawyers to accurately reflect who owned what at the time of the marriage and also how those assets should be divided, in the event of a divorce or judicial separation.

    A prenuptial or postnuptial agreement may be appropriate for you if:

    • You have children from a previous relationship
    • You have been divorced before
    • You have significant personal assets compared to your future spouse

    Whilst it is important to remember that neither type of agreement is currently legally binding in England and Wales, recent case law has resulted in the court attaching a considerable weight to such agreements in certain circumstances.

    How much does a Prenuptial or Postnuptial Agreement cost?

    The cost for these agreements can vary depending on what is involved and the work required. We offer a one-hour fixed fee initial appointment during which we will assess your circumstances. We will then explain the costs involved and give you information about the funding options available to you.

    If you choose to fund the work privately, we may be able to offer a fixed fee service for relatively straightforward matters. In more complicated cases, we offer flexible payment arrangements and will always provide a detailed cost estimate in writing at the outset. We will update you regularly and help you to budget.

    Specialist family law accreditations

    We have individuals on our team who have earned The Law Society’s Family Law accreditation. This means they have shown a high level of competence and extensive knowledge in family law matters. Some of our solicitors also hold The Law Society’s Children Law accreditation, so they have the ability to work directly with children and understand their needs and wishes.

    Why choose Birchall Blackburn Law?

    Our specialist team of family lawyers can guide you through the process of ensuring that both parties are fully advised on the nature and effect of pre-nuptial and post-nuptial agreements, and can draft an agreement that is realistic and fair, where both parties have been transparent in providing information on their finances, income, and assets.

    Prenuptial & Postnuptial Agreement FAQs

    • Why would you want a prenuptial agreement?

      A prenuptial agreement defines whether the assets you own like your house or car are separate property of one spouse or part of the marital estate. If you’re considerably wealthier than your partner, a prenuptial is a good step towards ensuring that your partner isn’t marrying you for your money.

    • Are prenuptial agreements legally binding?

      Usually, yes – however, there are several caveats. Even though UK courts recognise prenuptial agreements, they can also veto any agreement within the prenup if any part of the agreement is unfair or discriminatory towards any children.

    • How long is a prenuptial agreement valid?

      Some prenuptial agreements can include clauses which state a future date after which it will no longer be valid – for instance, a couple may agree that the prenuptial agreement is only in force for the first 10 years of marriage.

    • Do you need a solicitor for a prenuptial agreement?

      You can prepare a prenuptial agreement without a solicitor – but it is strongly recommended that you instruct one.

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    - Did you know?

    A fifth of married couples in the UK currently have a pre-nup in place.

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    Let's start a conversation

    Reach out now for free and confidential initial advice. Simply call, email, or request a call back and one of our experienced team members will be in touch to help you with your legal needs.

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