Postnuptial & Prenuptial Agreement Solicitors

At Taylor Walton Solicitors, we do not use the phrase ‘fixed fee’ when pricing our legal services, as we believe this term is often used in misleading marketing to promote legal service deals that are far too good to be true. For example, a service that claims to be ‘fixed fee’ may involve the consultation and drafting of an agreement but exclude the accountancy costs necessary for assessing an individual's financial position, meaning you end up spending much more than what the initial deal advertised. 

Every couple is different; and it is important that prenuptial and postnuptial agreements are tailored to the couples’ specific needs and financial circumstances. Therefore, during your first consultation we ask that you bring as much information about your personal finance and assets as possible for us to give you an accurate estimate of what our services will cost.  

If you decide that changes need to be made to your prenup or postnup (either during the agreement drafting phase or after) then we will be upfront on whether the additional work is going to cost you, and by how much more. We do not believe in hidden costs or nasty surprises, so if a service is going to cost you more than you initially expected, then we will let you know in advance so that you can consider your finances and make an informed decision on whether to proceed. 

A prenuptial agreement is an official written document that outlines what financial assets, responsibilities or childcare arrangements should be in place if a married couple were to ever split up. For couples who have had a civil partnership, this document is called a pre-registration agreement. 

Prenups can be useful for avoiding a 50/50 split of assets, including assets that were acquired before the marriage such as previously purchased property.  

Postnuptial agreements work similarly to prenuptial agreements, except that they are created by couples who are already married. They are particularly useful for married couples wishing to protect new wealth and assets that are attained after entering a marriage, such as inheritances or business shares. 

Postnuptial agreements can be entered into at any time, no matter how long the couple have been married. 

The cost of our prenuptial and postnuptial agreements depends on the complexity of the assets involved in the arrangement between a couple. Our solicitors can give you as estimate on how much our legal services will cost through a private and confidential consultation, where you will need to outline what your assets are (e.g., property, savings, valuables such as cars, furniture and jewellery) and their estimated value.  

Get in touch by ringing our family law team on 01582 765111 or using the contact forms at the top and bottom of this page to find out more. 

Prenuptial and postnuptial agreements should be considered if you want to determine how your property and finances (both your own and the ones shared with your partner) will be divided in the event of a divorce. We understand that having to think about the possibility of you and your partner splitting up is not pleasant, however it is sensible to be prepared and have your finances in order in case of the event of a divorce, as it could save you a lot of time and money later. 

Prenuptial and postnuptial agreements should be considered if you have assets that are considered highly valuable or sentimental, such as: 

• Property 
• Business shares or ownership 
• Savings 
• Inheritances 
• Premium bonds 
• Stocks & shares 
• Pensions 
• Income from work or investments

Prenuptial and postnuptial agreements cannot include the following: 

• Child custody arrangements (e.g., visitation rights, where they will attend school) 
• Child maintenance payments 
• Lifestyle or personal matters 
• Matters that are related to illegal activities  

There are strict rules as to what can or can’t be included in a prenuptial or postnuptial agreement and including any of the above points could result in your agreement not being upheld in court. 

Technically no, you do not need a solicitor for you and your partner to create a prenuptial or postnuptial agreement. However, it is wise to at least consider receiving professional legal advice from a postnuptial or prenuptial solicitor prior to creating your document, as they can advise on what your agreement needs to consider to be legally valid. 

Our solicitors are highly trained legal professionals who understand the structure, clauses and terminology needed in contracts like prenuptial and postnuptial agreements, therefore prenups and postnups drafted by our lawyers are more likely to stand up in court over an agreement that was created by someone without legal knowledge and experience. To minimise the risk of your agreement being thrown out of court, then speak to our postnuptial and prenuptial solicitors for advice. 

Yes, civil partners can also enter into a prenuptial or postnuptial agreement, and the process will be the same as married couples. 

Although nothing is stopping you legally from writing your own prenuptial or postnuptial agreement, please be aware that you are doing so at your own risk by not involving a legal specialist in the process. 

Prenuptial and postnuptial agreements that are drafted by the couple without professional help do not always stand up in court, as they (without an in-depth understanding of UK law) may lack the contractual formalities and structure needed for a document to be recognised as a legal contract such as conditions that treat one party unfairly, someone to witness the document being signed, certain clauses etc. 

Our postnuptial and prenuptial solicitors are experts in drafting prenup and postnup arrangements that have all the details and considerations needed to stand up in a court of law. For more advice, call your nearest Taylor Walton office or drop us a message using the contact form above.

There is currently no UK law that makes prenuptial or postnuptial agreements legally binding. However, in recent UK family law and divorce cases, the courts have begun to take pre-existing prenuptial and postnuptial arrangements into account when deciding the division of assets between a former couple. 

However, prenuptial and postnuptial agreements can only be taken into consideration by the courts if it can be proven that the agreement was entered into and understood by both parties. Therefore, it is important to have a professional solicitor arrange your prenup or postnup to strengthen the agreement’s validity in the eyes of the court. We also encourage both parties to seek independent legal advice before signing an agreement.

Prenuptial and postnuptial agreements can be altered if both you and your partner are both in agreement with the changes. Some of the reasons couples may decide to make amendments to their existing prenup or postnup agreement include (but are not limited to):  

• Property or new wealth acquisition – for example, if one spouse has received new property or an inheritance during the marriage and wants it protected under their existing agreement. 
• Children – the couple wishes to redistribute the assets specified in the original agreement to include clauses on what their children would receive, what maintenance would be paid, how childcare would be divided etc. 
• Ceasing the agreement – the couple have decided they no longer want the original prenup or postnup so wish to cancel the arrangement. 

If your original prenup/postnup was drawn up by one of our postnuptial and prenuptial solicitors, then there will be terms and conditions included in your agreement that allows for easy updates and amendments. If your original agreement was not created by us and does not include these conditions, then a new arrangement may need to be drawn up.  

A prenuptial or postnuptial agreement cannot be changed if the couple have separated or are going through a divorce.  

A spouse can contest for a prenup to be overturned during a divorce if they have a legitimate reason to do so and evidence to prove their claim. Some of these reasons include: 

• If not all assets or debts were disclosed at the time of writing the agreement. 

• The agreement was signed when one spouse was mentally ill, under the influence of drugs or alcohol or being coerced by their spouse or another person to sign the agreement. 
• There is proof that either one or both people in the marriage did not understand the full implications of the agreement when they signed it. 
• The couple’s children are not included in the agreement, are being treated unfairly by it or are not receiving adequate financial provision under the agreement’s current terms. 
• The agreement was signed less than 21 days before the marriage. 
• The agreement is fraudulent due to a forged signature, there being witnesses present at the original signing whom were not independent or unauthorised changes to the text after signing. 

You may be tempted to write your own prenuptial agreement in order to avoid paying high solicitor fees, especially considering the wide range of ‘free prenup’ templates that are available online.  

However, we strongly recommend paying for a qualified legal professional to arrange your prenuptial agreement, as their deeper understanding of contract law and legal terminology will ensure you have a strong prenuptial agreement that will be more likely to be taken seriously by the courts in the event of a divorce.  

Our postnuptial and prenuptial agreement solicitors are leading experts in advising on and drafting prenup and postnup arrangements for couples and have helped hundreds of couples protect their assets and secure their futures. Contact our postnuptial and prenuptial solicitors now to discuss your needs or arrange a confidential consultation.  

It is possible to amend a prenuptial agreement after marriage, however any modifications will need written consent by both parties in order to enact the changes.   

Revisions to your prenuptial agreement are referred to as amendments and will look like an additional page or pages added to the end of your prenup.  

Yes, it is possible for an individual to challenge or contest a prenuptial agreement during the divorce process. However, for the courts to nullify the agreement, there needs to be valid grounds and evidence to do so.  

Some of the grounds that can be used to challenge a prenuptial agreement include: 

• If not all assets or debts were disclosed at the time of writing the agreement. 
• The agreement was signed when one spouse was mentally ill, under the influence of drugs or alcohol or being coerced by their spouse or another person to sign the agreement. 
• There is proof that either one or both people in the marriage did not understand the full implications of the agreement when they signed it. 
• The couple’s children are not included in the agreement, are being treated unfairly by it or are not receiving adequate financial provision under the agreement’s current terms. 
• The agreement was signed less than 21 days before the marriage. 
• The agreement is fraudulent due to a forged signature, there being witnesses present at the original signing who were not independent or unauthorised changes to the text after signing. 

A prenuptial agreement will remain valid for life; however, you may wish to have it updated every few years or whenever your financial circumstances change significantly e.g., through the birth of children, change of jobs and promotions or the receiving of an inheritance. This will ensure that these assets are also protected and will strengthen your agreement should it ever be challenged in divorce court. 

Yes, a prenuptial agreement can help protect your future earnings and pension earnings. Inform your prenuptial agreement solicitor of this, and they will include a clause for future income.