Prenup Agreement Solicitors Leeds, York & Sheffield
The family law team at Lupton Fawcett has helped many people protect their assets by drafting a prenup to ease tension should they separate from their partner.
We aim to give you the peace of mind during your marriage that your assets are protected. Our solicitors are on hand to draw up agreements, answer your questions or represent you should you need to go to court, if there is a challenge to the provisions of a prenuptial agreement.
If you require advice or support with a prenuptial agreement, contact our Yorkshire-based solicitors today by calling 0333 323 5292. Alternatively, fill in the enquiry form on this page and we will get back to you shortly.
What is a Pre-Nuptial Agreement?
A prenuptial agreement sets out arrangements, which both parties have agreed, should a marriage breakdown, or should a spouse pass away. The purpose of a prenup is to encourage solutions to be made with as little emotional stress and expense as possible. Matters that can be addressed in a pre-nup include:
- Financial settlements
- Division of assets
- Details about future arrangements for children
- Property and estate claims
It is also possible to address matters in a post-nuptial agreement (postnup) after you have entered into marriage. This can be approached as a way of reviewing or varying an existing prenuptial agreement.
Are Prenuptial Agreements Binding?
At the current time, prenups are not legally binding in England and Wales. However, the courts are increasingly taking the view that where fair agreements are entered into with full financial disclosure and with each of you having the benefit of legal advice, a dissatisfied party should remain bound by the terms of any made agreement.
In February 2014, the Law Commission recommended a change in the law to introduce ‘qualifying nuptial agreements’ which would, as long as certain safeguards are satisfied, allow for the terms of such agreements to be enforced by the parties.
Whilst the change in law is awaited, the courts are enforcing implementing agreements where they are fair, have been entered into by parties with full financial disclosure and legal advice and where the needs of any child are not disregarded.
Current Law for Prenuptial Agreements
The starting point for prenuptial agreements is section 25 of the Matrimonial Causes Act 1973 that puts an obligation on a Judge to consider all the relevant circumstances of the case when deciding how to divide the parties’ finances on a divorce.
A prenuptial agreement cannot stop a spouse from applying to court for financial provision from the other spouse. Any “waiver” of the right to apply to court for financial provision in an agreement will not be effective.
Both parties should negotiate the terms of their prenuptial agreement as far in advance of the wedding date. It has been recommended that the prenup must not have been made within 28 days before the wedding.
Applying for a Prenuptial Agreement
One of the key factors any court must take into account when considering the terms of a pre-nup is the needs of the two parties. No agreement can ever be allowed to prejudice the reasonable requirements of a child.
If the agreement is to carry weight, the parties must enter into it of their own free will, without any undue influence or pressure and have a full awareness of each other’s financial circumstances.
The principle of autonomy is an extremely important consideration and is undoubtedly the driving force behind more and more couples choosing to regulate their own financial affairs.
The longer a marriage has lasted the more likely that unknown and unforeseen contingencies will affect the parties’ rights. This is more likely to make it unfair to hold the parties to their agreement. Such circumstances are, however, likely to be fact-specific and agreements can always be reviewed from time to time or if a significant event occurs that may impact of the terms of the agreement.
Contact Us for Help
Lupton Fawcett are a leading personal and commercial law firm in Yorkshire with well-established offices of highly experienced solicitors in Leeds, Sheffield and York.
We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.
Our Family Law Solicitors act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Leeds, Liverpool, London, Manchester, Sheffield, York and Nottingham. We can support your needs wherever you live in England, Wales & Northern Ireland.
For a no obligation initial consultation please either call the office or leave your details using the contact form at the top of this page. We’ll be happy to help.
Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.