Prenuptial agreements can be an effective, practical way to protect current or future assets in the event that your marriage breaks down.
These agreements can give long-term peace of mind and clarity about your financial security.
They can be particularly important if you have pre-existing wealth you would like to protect, or children from other relationships you want to ensure are looked after.
Highly rated for prenuptial agreements Legal 500 and Chambers UK, Harrogate Family Law has advised hundreds of individuals looking to plan for all eventualities.
Call our prenuptial agreement solicitors
To take the prudent step of creating a prenuptial agreement, get in touch today.
What is a prenuptial agreement?
A pre-nuptial agreement (or ‘prenup’) is a legal contract entered into before a marriage or civil partnership, setting out how financial affairs should be handled in the event of divorce or separation.
These agreements allow couples to define how property, bank accounts, savings, inherited or gifted wealth, businesses, trusts, pensions, debts and future income should be treated if the relationship ends. Provisions can also be made for children.
No one wants to contemplate the breakdown of a marriage before it has started, but having a prenuptial agreement can make the separation process far clearer and more straightforward. Without one, your partner may have a claim to assets you would otherwise want to protect.
These agreements are similar to postnuptial agreements (‘postnups’), which are entered into after the marriage has taken place.
How long does it take to get a prenuptial agreement?
A prenuptial agreement must be signed at least 28 days (4 weeks) before you get married.
However, as each party must take legal advice and there may be detailed exchanges of financial documentation, in practice the process can take several months.
We would recommend talking to a solicitor as early as possible: ideally at least 3 months before the wedding.
Are prenuptial agreements legally binding?
Not automatically. The court retains discretion to make orders which are different to the terms of a prenuptial agreement.
However, provided the agreement is fair, entered into freely and both parties received legal advice and fully understood its implications, its terms are almost always upheld.
This is why expert legal advice at the time a prenuptial agreement is created is essential. ‘DIY’ agreements are unlikely to be recognised by the court.
Start your prenuptial agreement today
For initial advice on putting an agreement in place, arrange a free, no-obligation call with our team.
Specialists in drafting prenuptial agreements
Some people may object to the concept of pre-nuptial agreements, in the belief that they pre-empt a marriage breakdown before it has even started.
This is understandable, but no-one gets married expecting it to fail, and there are many reasons to consider a prenuptial agreement.
A prenup is simply like an insurance policy. They can represent a particularly prudent step if this is not your first marriage or if you are concerned about your children’s inheritance.
We will help you approach the subject discreetly, sensitively and strategically whilst maintaining trust and understanding between you and your future spouse.
Our aim is to ensure the agreement reflects your specific needs, giving you confidence and certainty that you are protected when entering marriage.
There are a number of circumstances where we would recommend reviewing a prenuptial agreement. Our team can guide you through the process too.
How creating a prenuptial agreement works
To ensure it is valid and workable, the process must involve:
- Both parties taking independent legal advice
- Both parties entering the agreement of their own free will
- Full disclosure of all assets
- A clearly worded agreement
- Fairness, so the reasonable financial needs of both parties are met
- Consideration of possible changes in circumstances during the relationship
- A review structure to ensure the agreement remains effective
When working with Harrogate Family Law, we will guide you through every one of these steps.
After an initial discussion and review of the financial disclosure, we will negotiate and draft your agreement and then help with finalising and signing it.
Talk to our Harrogate prenuptial agreement lawyers
Conveniently located in central Harrogate, we work with individuals and families across the Yorkshire region and beyond.
We appreciate that these conversations can be delicate. We have decades of experience guiding clients sensitively through prenuptial agreements of all types, whether their circumstances are complex or relatively straightforward.
Founded in 2010, our track record in providing the highest quality of legal services is why we are rated ‘Excellent’ by clients.
Acknowledged as “a considerable force in family law within Yorkshire”, both Legal 500 and Chambers UK specifically point to our strength and expertise in negotiating pre- and postnuptial agreements.
✉️ enquiries@harrogatefamilylaw.co.uk
📞 01423 594 680
With a leading team of solicitors, we focus on delivering an exceptional client service through the hardest of times.
