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Our experts can draw up prenupital and cohabitation agreements for couples who want to make decisions about financial arrangements before they get married, or before they start living together. Battens Solicitors can also prepare pre-civil partnership agreements, which work in a similar way to prenuptial agreements.
Prenuptial agreements
Prenuptial agreements set out what you want to happen to your finances in the event that your marriage or civil partnership comes to an end.
Prenuptial agreements are not automatically legally binding in England and Wales in the event of a divorce or dissolution of a civil partnership as they are a contract and so cannot bind the decision-making process of a Court. However, Courts will generally consider them if they were entered into freely and with full understanding and increasingly, they are being recognised if properly drafted.
In order for us to assist you with the preparation of a prenuptial agreement or pre-civil partnership agreement, we will need to ensure the following:
- That there is full and honest financial disclosure by both parties to the agreement - so that you both have a clear picture of the other person's financial position
- Each of you has independent legal advice - this is important so that there is no suggestion of one person being put under undue pressure into making an agreement.
- The agreement is completed at least 28 days before the marriage or civil partnership - again, to make sure that neither party to the agreement is being put under unnecessary pressure to sign
To learn more about why a prenuptial agreement might be beneficial for you, including how it can provide clarity and financial protection, see our page on the benefits of a prenuptial agreement.
Cohabitation agreements
Cohabitation agreements are increasingly used by people who are planning to live together without being married who wish to make a record of their financial arrangements. They can be used when one person owns a home or has a business and wishes to protect it in the event of the relationship coming to an end. It can also set out how a couple run their finances whilst they are together.
Post-nuptial or post-civil partnership agreements
A post-nuptial or post-civil partnership agreement is similar to a prenuptial agreement but is drawn up after the ceremony of marriage or civil partnership. There are the same requirements in respect of financial disclosure and independent legal advice. The purpose of the document is to record what you both want to happen to your finances in the event of the relationship coming to an end.
Why Choose Battens Solicitors?
✅ Expertise: Our solicitors have extensive experience in handling all aspects of financial settlements during divorce and separation, ensuring you receive the best possible advice and representation.
✅ Personalised Service: We take the time to understand your unique situation and tailor our services to meet your specific needs.
✅ Supportive Approach: We are committed to helping you navigate this difficult period with sensitivity and care.
✅ Remote Appointments Available: Access our expert legal advice from the comfort of your home with flexible remote consultation options.
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FAQs
When do I need a prenuptial agreement?
If you have been married before and want to protect assets for yourself or your children.
If you own a business, land, property or a family farm wish you want to protect.
If you want to safeguard an inheritance you are expecting.
How do I get a prenuptial agreement?
Contact one of our specialist solicitors who will be able to explain the process to you.
Both parties will need to have their own solicitor to ensure that each of you has independent advice.
Must I have a solicitor to arrange a prenuptial agreement?
Yes, as if you want to make sure your prenuptial agreement is enforceable you and your partner must both have taken legal advice independently of each other.
It is important to have legal advice because if the Court believes one of you did not get the right advice and that puts either of you at a disadvantage it can decide to ignore the prenuptial agreement.
Where are prenuptial agreements filed?
Usually, the original will be retained by a solicitor and each of the parties will have their own certified copy of the prenuptial agreement.
Can a prenuptial agreement be overturned?
Currently in England and Wales, prenuptial agreements are not legally binding. However, if drafted correctly, the Court will take them into consideration when resolving financial matters arising from a divorce.
The Court can decide to deviate from it if it is unfair, unjust or one party was under duress or did not understand the implications of it.
