Family Law Services
Pre-Nuptial & Post-Nuptial Agreements
Protect your assets with support from our highly experienced lawyers specialising in Post and Pre-nuptial Agreements.
Our experienced and highly knowledgeable team of family service solicitors based in Brighton can help you create a detailed, comprehensive pre-nuptial or post-nuptial agreement, tailored to suit your individual needs.
Overview of our Pre-Nuptial & Post-Nuptial Agreement Services
Family Law Services
People increasingly understand that pre and post-nuptial agreements are designed to give them protection in the event that things do not work out as intended.
These post or premarital agreements can set out in advance arrangements for your children and govern the division of finances and property in the event your relationship breaks down.
Creating well detailed pre-nuptial and post-nuptial agreements will provide security and peace of mind for both of you in the risk you may go through separation or divorce. It can protect your assets, support your estate plan, reduce conflict and save you the cost of expensive financial proceedings.
We can offer legal advice to couples who wish to draw up a pre-nuptial or post-nuptial agreement.
For a confidential, no-obligation consultation call our family law team on 01273 249 200 or fill on the form below.
A pre-nuptial agreement (also known as a ‘prenup’) is a contract entered into before marriage which outlines how a couple wishes to divide their money and property should the relationship end.
A pre-nuptial agreement gives couples peace of mind so that they know exactly what will happen to assets, property and finances – should the marriage break down – saving time, money and upset should such an event occur.
A post-nuptial agreement (‘postnup’) is a similar contract, the main difference being that it is entered into after the marriage has taken place. Couples can create an agreement which states what will happen financially should the marriage dissolve.
Prenups and Postnups are not strictly binding on the Court in the event of later divorce, but it is likely that they will be respected by the Court unless the effect of the agreement would be deemed unfair.
If the Prenup or Postnup has been entered freely and willingly by both parties, and both parties were fully aware of the consequences of doing so, the Court is likely to hold both parties to this agreement.
To do the best job of ensuring that the Court upholds the terms of the Agreement it is important to ensure the following:-
- That there is full disclosure of your respective financial circumstances.
- That both of you take independent legal advice on the agreement and its effects.
- That the agreement is entered into in good time before the marriage.
- That there is provision for the agreement to be reviewed in the event of a future change in circumstances – i.e. the birth of children.
- That the terms of the agreement would not cause significant injustice to the other party compared with the award a Court would make following a separation.
The Law relating to pre-nuptial agreements is the same as for post-nuptial agreements, bar the fact that a post-nuptial agreement takes place after the marriage has taken place.
Both prenups and postnups are bespoke documents drawn up for a couple specifically to outline their particular circumstances, so they can cover almost anything you want them to.
However, there are certain things a couple usually thinks about when deciding how they would want to divide things if the marriage does not work.
Things to consider on a pre and postnup agreement;
- What would happen to any property either of you brought into the marriage?
- What would happen to the family home?
- What would happen to any property given to you or inherited during the marriage or any income or assets derived from Trusts?
- What would happen to money held in joint accounts and any property purchased jointly?
- What would happen to any saved money earned during the marriage?
- What would happen to your pensions?
- How would you deal with any debts?
- Would either of you pay or receive any maintenance and, if so, for how long?
- What kind of events might require the agreement to be reviewed?
- What kind of arrangements would you like to make for any children you have or are likely to have, both in financial and practical terms?
In the event of a divorce, a prenuptial and post-nuptial agreement are not legally binding. However, there are contracts that will inform the courts of divorce settlements unless they are found to be unfair.
Whilst a prenuptial agreement can include a wide range of assets that you or your partner own either individually, or as a couple, the rules on what they should not include cover issues such as: Personal or lifestyle matters, child custody or upbringing requirements, child support, and illegal matters.
Factsheets
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Pre-Nuptial Factsheet
Your Family Law Experts
Get to know those who are here to help you
Jennie Apsey
Solicitor, Family Department
Areas of Specialism
Jennie is a Solicitor in the Family team, who advises in relation to Children Act litigation (private law), Financial Remedies on divorce, cohabitation agreements and disputes, and protection from domestic abuse/injunctive relief.
- Child arrangements orders
- Children – specific issue and prohibited steps orders - temporary or permanent removal from the jurisdiction, enforcement
- Financial remedies on divorce / dissolution of civil partnership - pension sharing, litigation and financial conduct
- Pre and Post-nuptial agreements
- Separation and cohabitation agreements
- Domestic violence injunctions
Recent Client Matters
- Jennie regularly represents parents in private children law proceedings where mental health issues, substance misuse, and allegations of domestic abuse are a feature.
- Jennie has recently successfully defended a Specific Issue application by a mother to remove a child from the jurisdiction and secured a Port Alert Order. She has also acted for the Applicant in a Specific Issue application to permanently remove children from the jurisdiction.
- Jennie has experience of acting for parents in Children Act proceedings that include Fact-Finding hearings.
- Jennie has experience of acting for clients in both long and short marriages and recently acted for the Applicant Husband in Financial Remedy proceedings following a very short marriage of 7 months’ duration where all the assets were in the wife’s name including the Family Home. A very successful outcome was secured for the client which enabled him to rehouse and settle significant liabilities.
- Jennie is often instructed to prepare Financial Consent Orders following agreements reached between parties directly, in mediation, or as a result of solicitor-led negotiation.
Qualifications, Membership
- Solicitor (PGDL)
Qualifications, Membership
Legal 500 “Star in the making”
Julian Hunt
Partner, Family Department
Areas of Specialism
Julian is a highly experienced family practitioner who heads up the Family Department. Julian is a trained Collaborative lawyer and Mediator. Julian is Top Ranked in the Chambers Legal Directory with testimonials including “a really good lawyer, experienced, calm and can fight his client’s corner with flair and creativity without making the dispute intractable.”
Julian’s focus is on resolving, not creating conflict, encouraging negotiation, and finding solutions. Julian is adept at bringing a calm, focused and if necessary, robust approach to contentious and complex financial situations. Julian will bring empathy and solutions to child related matters. Julian will strive to find the approach which will best benefit the individual and to prepare them for life after separation.
Julian’s specialties :
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advising on high net worth and complex separations, involving businesses, Trusts, and pension issues
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dealing with cases using the Collaborative model
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resolving childcare disputes
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advising on pre and post nuptial agreements
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advising on cohabitation disputes
Recent Client Matters
- Acted for a Wife in Financial Remedy proceedings overcoming Husband’s refusal to provide full financial disclosure and comply with the Court timetable. Secured Penal Notices and multiple Cost Orders against the Husband and an excellent outcome for the Wife.
- Acted for a Wife in Financial Remedy proceedings that involved 5 hearings including obtaining a Legal Services Order. Secured significant lump sum for housing, repayment of debts and spousal periodical payments throughout the child’s minority.
- Acting for a Husband following a long marriage where Wife has issued Financial Remedy application. Included instruction of a single joint expert to value a company in which both parties are shareholders, a dispute in relation to matrimonial and non-matrimonial assets and the treatment of foreign assets. Successfully resolving matters outside of the Court process.
Qualifications
- Solicitor BA (Hons)
- Member of Resolution
- Founding member of Brightpod ( Collaborative Group) & Sussex Family Solutions (inter-disciplinary network of family professionals)
Recognition
Chambers ranked No 1 in Family/Matrimonial - “extremely experienced, sensible and really resolution-focused.” ‘Julian is one of the toughest negotiators but one of the most charming men you will ever meet.’
Legal 500 Ranked – “an experienced practitioner who is well known and respected by opponents and the judiciary.” “straight talking, trustworthy and well respected locally.”
Sarah Phillips
Partner, Family Department
Areas of Specialism
Sarah is a Partner in the Family team, who specialises in complex Children Act litigation (private law), Financial Remedies on divorce, cohabitation agreements and disputes, and protection from domestic abuse.
- Child arrangements orders – living and spending time arrangements
- Children – specific issue and prohibited steps orders - vaccination, education, name change, temporary and permanent removal from the jurisdiction, enforcement, parental alienation
- Children – contact to grandparents
- Financial remedies on divorce / dissolution of civil partnership - business and trust assets, pension sharing, litigation and financial conduct
- Pre and Post-nuptial agreements
- Separation and cohabitation agreements
- Domestic violence injunctions
Recent Client Matters
- Sarah regularly represents parents in private law proceedings where mental health issues, substance misuse, and allegations of coercive control, narcissism and parental alienation are a central feature.
- Sarah negotiated a financial settlement in which the client received an 80% share of the equity in the family home, and maintenance for five years to provide the client with time to attain financial independence without undue hardship.
- Sarah recently represented a father at a Fact Finding hearing in which findings were made against him, but following engagement in a DVPP, parenting courses and therapy, the father was able to secure an order for shared care of the parties’ two children.
- Sarah regularly settles financial remedy cases by way of advice during mediation, voluntary disclosure and solicitor-led negotiations, avoiding the cost and stress of contested proceedings for her clients.
Qualifications, Membership
- Solicitor (PGDL) City University
- Resolution Accredited Specialist Family Lawyer – Complex Financial Remedies
- Resolution Accredited Specialist Family Lawyer – Children Law Private
- Resolution qualified Collaborative Lawyer
- Member of Resolution
- Chambers - Legal 500