Pre & post-nuptial agreements

Pre & post-nuptial agreements

Pre-nuptial or post-nuptial agreements may feel like a practical step rather than a romantic one when planning for marriage or a civil partnership. With nearly 50% of UK marriages ending in divorce, taking this precaution is often a sensible choice.

Our expertise in pre & post-nuptial agreements

At Anthony Gold Solicitors, we work with individuals and couples to create agreements that reflect each person’s needs and values. Recognised by Legal 500 and Chambers and Partners for our expertise in family law and mediation, our team combines legal skill with a client-centred approach, ensuring that your agreement is clear, fair, and crafted to offer peace of mind.

Why consider a prenuptial agreement?

Discussing a prenuptial agreement may feel unconventional at the start of a marriage or when entering a civil partnership, but it’s often one of the most practical steps you can take to protect your future. A prenuptial agreement allows couples to set clear expectations about finances and property, offering both partners clarity and peace of mind.

It’s not solely for those with substantial wealth—anyone with unique financial circumstances, family assets, or a desire for fairness may benefit. Here are some common reasons clients at Anthony Gold choose prenuptial agreements:

Protecting family assets & inherited wealth

For those bringing family wealth or inherited assets into a marriage, a prenuptial agreement can act as a safeguard. Whether it’s a family business, real estate, or specific assets, a prenuptial agreement can establish that certain properties or funds remain separate. This ensures that, should your circumstances change, family legacies are preserved as intended.

Ensuring security for children from previous relationships

If either partner has children from a previous relationship, a prenuptial agreement can help preserve their financial interests. This agreement allows you to create provisions that protect inheritance for children, ensuring they are provided for regardless of future circumstances. This security can help families enter a marriage or a civil partnership with a clear understanding of what each person values and wishes to prioritise.

Safeguarding business interests

For business owners, a prenuptial agreement can be essential. Business interests are often complex and may involve other partners, shareholders, or long-term investments. A prenuptial agreement can prevent complications, ensuring that the business remains protected. This is especially valuable if you have built a business before marriage or entering a civil partnership and wish to secure its future in case of unforeseen changes.

Clarifying financial contributions & responsibilities

Couples with significant income disparities or differing financial responsibilities may benefit from clear expectations. A prenuptial agreement allows both partners to outline contributions and obligations, from property ownership to the sharing of financial responsibilities. By establishing a fair division of finances, a prenuptial agreement helps avoid conflicts down the road.

How we work when arranging pre & post-nuptial agreements

At Anthony Gold Solicitors, we make the process of creating a prenuptial or postnuptial agreement as transparent and supportive as possible. Combining expertise with empathy, we ensure your agreement reflects your unique needs while providing clarity and reassurance.

Collaborative law process

For couples who wish to work closely together, our collaborative law approach allows both partners and their solicitors to meet openly, fostering honest communication. This approach creates an agreement that both parties find fair, reflecting their priorities in a comfortable, supportive setting.

Personalised guidance

Every couple has distinct financial needs. Our team tailors advice to protect personal assets, secure family wealth, or clarify business interests. Known for our approachable and efficient service, we guide you through each stage with clarity and respect.

Detail-oriented & legally sound

We focus on the details that make an agreement more enforceable, such as full financial disclosure and fair terms that courts are likely to uphold. Our meticulous approach helps ensure your agreement stands the best chance of being respected.

Are prenuptial agreements enforceable in the UK?

One of the most common questions couples have about prenuptial agreements is whether they will hold up in court. Under English law, prenuptial agreements aren’t automatically legally binding, but with the right preparation, they can carry significant weight in court proceedings. By taking specific steps, you can ensure that your agreement stands a strong chance of being upheld should it ever be needed.

Here’s what can make a prenuptial agreement more enforceable:

Independent legal advice

For a prenuptial agreement to be recognised by the court, it’s essential that both partners have received independent legal advice before signing. This ensures that each party fully understands the agreement and has entered into it willingly. At Anthony Gold Solicitors, we guide each partner through this process to make sure their rights and interests are fully protected.

Full financial disclosure

A critical part of ensuring an agreement’s validity is full financial disclosure. This means that both parties openly share their financial situations, including assets, liabilities, income, and any expected inheritances. Our team ensures that this disclosure process is clear and thorough, preventing misunderstandings and creating a solid foundation for the agreement.

No pressure or duress

For a prenuptial agreement to be enforceable, it must be entered into freely by both parties, without pressure or undue influence. Ideally, the agreement should be completed well in advance of the wedding. This avoids any appearance of coercion, making the agreement more likely to be upheld by a court in future.

Fair & reasonable provisions

Courts are more likely to respect prenuptial agreements that are fair and reasonable at the time they are signed. This means that both parties’ needs are considered, and neither partner is left at an unfair disadvantage. Our solicitors at Anthony Gold are experienced in drafting balanced agreements that consider both partners’ circumstances and future needs.

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How we charge

At Anthony Gold Solicitors, we believe in full cost transparency. From the outset, we provide a detailed breakdown of fees, ensuring there are no unexpected surprises. Know more about our fees in matters of family and relationships .

Our team focuses on delivering value, combining expert legal advice with clear guidance on costs, so you can make informed decisions without additional stress. Give us a call on 020 7940 4060 or email us at mail@anthonygold.co.uk to get started.

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It was really easy to work with David Emerson and his team. Very helpful and professional. Always replying on time and dealing with some difficult queries. I was provided with necessary advice and my family interests were always at top of the list. Very grateful for their help and with the results we got together.

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Pre and Post-Nuptial Agreements: FAQs

Who should consider a prenuptial agreement?

A prenuptial agreement can benefit anyone with specific financial interests they wish to protect, not just those with substantial wealth. Couples entering marriage or a civil partnership with significant personal or family assets, business interests, or inheritance plans often find it useful to establish clear financial terms from the outset. It’s also a practical choice for those entering a second marriage or wishing to secure certain assets for children from a previous relationship. Ultimately, a prenuptial agreement offers clarity and peace of mind for couples who want to avoid future conflicts and protect what matters most to them.

Are prenuptial agreements legally binding in the UK?

In the UK, prenuptial agreements are not automatically legally binding, but they are often taken into account by courts in divorce proceedings. To increase the likelihood that an agreement will be upheld, it’s essential to follow certain steps, such as ensuring independent legal advice, full financial disclosure, and sufficient time for both parties to consider the terms. Courts are more likely to respect an agreement if it is fair, balanced, and free of pressure or coercion. At Anthony Gold Solicitors, we help clients create prenuptial agreements that meet these criteria, enhancing the agreement’s enforceability in court.

What’s the difference between a prenuptial and a postnuptial agreement?

A prenuptial agreement is created before a couple marries or enters a civil partnership, setting out how assets will be handled in case of separation or divorce. In contrast, a postnuptial agreement is made after the marriage or civil partnership has begun. While both agreements serve a similar purpose, postnuptial agreements are sometimes seen as more robust since they are made after the couple’s financial circumstances are fully established. Anthony Gold Solicitors can guide you through either type of agreement, depending on your current circumstances and financial goals.

Does each partner need their own solicitor for a prenuptial agreement?

Yes, each partner should have their own solicitor when drafting a prenuptial agreement. Independent legal advice for both parties is essential to ensure that each partner fully understands the terms and consequences of the agreement. This step not only protects each person’s rights but also strengthens the agreement’s enforceability by demonstrating that it was entered into willingly and fairly. At Anthony Gold Solicitors, we work with each partner to ensure clarity, fairness, and compliance with legal standards.

Can we change our prenuptial agreement after marriage?

Yes, you can amend a prenuptial agreement after marriage by creating a postnuptial agreement. Circumstances often change over time, such as shifts in income, business growth, or the arrival of children, which might call for an updated agreement. A postnuptial agreement can serve as a practical tool for revisiting and adjusting terms as needed. Our team at Anthony Gold Solicitors can help you evaluate your current situation and guide you through the process of updating or establishing a postnuptial agreement that accurately reflects your priorities.