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Pre Nuptial Agreements

Our Family Lawyers are specialists in Pre-Nup Agreements. We are on your side and by your side to ensure that you receive straightforward and effective legal advice.

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Pre Nuptial Agreements Solicitors

Prenuptial agreements, once the preserve of celebrities and high-net-worth individuals, are becoming more common with couples who want to regulate the terms of a financial claim in the event of a marriage breaking down.

Marriage is a legally binding contract, and people often don’t realise the full extent of what this means until they are dealing with issues further on in the relationship.

Once married, the law states that on separation and divorce, the finances of both parties can be considered and divided accordingly. This means that any properties, pensions, savings, inheritance, investments, and valuable assets could be at risk from financial settlement claims.

Many couples are now choosing to put in place prenuptial agreements as a means of recording the division of assets and making the separation process as transparent as possible, should they break up in the future. By doing this, each party ensures their assets are protected if the worst happens.

Prenuptial agreement solicitors

Our experienced team of family law solicitors in Cheshire can assist you with preparing your prenuptial agreement.

We’ll discuss your unique circumstances and provide expert advice on available options. We help to negotiate the terms with your partner's lawyers or with your partner directly to make sure your interests are protected should you divorce.

You’ll get a clear, comprehensive, and fair prenup, tailor-made to safeguard your finances.

You can visit us in North Wales, the Wirral, Liverpool, Manchester and across Cheshire. We also have offices in Frodsham and Sutton Weaver and can advise clients across St Helens, Widnes, Warrington, Chester, and Northwich.

What is a prenuptial agreement?

A prenuptial agreement or prenup is a written contract between two people who are about to get married, setting out the couple’s intentions for their financial affairs and division of assets in the event of a divorce.

It is essential that both parties have independent legal advice before entering into such an agreement to fully understand the rights and responsibilities they are surrendering or acquiring.

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Pre-nup Agreements FAQs

Do I need a pre-nuptial agreement?

There are a number of reasons why couples enter into a prenuptial agreement.

One of the most common situations is when there is a considerable disparity in wealth between the couple.  The partner with significantly more assets and higher net worth may feel that an equal split would mean they would be disproportionately affected.

Other reasons for having a prenuptial agreement could include:

  • You wish to safeguard assets including property, profits from a business, or valuable items you brought to the marriage if it doesn’t work out.
  • You expect to increase your wealth in the future perhaps through your family business or an inheritance and want to protect this from any financial claim if your relationship breaks down.
  • You or your partner are foreign nationals or have previously lived abroad and there is the possibility of international divorce. A prenup can stipulate your intention for a UK divorce to avoid falling foul of the law in your foreign jurisdiction which may not allow for a fair division of assets.
  • This is your second marriage, and you want to limit the claim your future spouse has on the financial settlement from the first marriage.
  • You’ve been widowed and want to protect your assets if things go wrong in your new marriage.
  • You’re getting married and want to avoid a costly court battle by clearly setting out your intentions about how assets will be distributed in the event of a divorce.
  • You have children and want to protect their inheritance.
  • Your family insist on having a prenup in place to protect any wealth or business interests they intend to give you.

How does a prenuptial agreement work?

A prenuptial agreement sets out how financial matters would be dealt with in a divorce. This includes detailing the rights, responsibilities, and financial obligations each party has over their shared assets and any debts or individual liabilities.

Anyone thinking about marriage should consider whether they need a prenup because it provides clarity over how these issues are dealt with to reduce the risk of conflict arising during divorce proceedings.

The court may decide to divide assets differently from the prenuptial agreement, but it’s worth having a written agreement of your intentions to help inform proceedings.

What should be included in a pre-nuptial agreement?

The prenuptial agreement is a document that’s unique to you and your set of circumstances. You may protect whatever you want, but there are common issues dealt with in most prenups.

A prenup typically covers:

•  the family home

•  any other property

•  savings

•  investments

•  inheritance

•  business interests

•  vehicles

•  artwork and other valuable objects

•  items of sentimental value

•  trusts

•  spousal maintenance

•  pensions


You can also include a clause that protects you against any debts incurred by the other party.

Provision for children and child maintenance can be included by a prenuptial agreement, but it can be challenging to do so particularly if children have not yet been born or adopted. It is important to consider this issue before getting married and for provision to be considered within the agreement. You should also consider how having children would change your circumstances, for example preventing one party from working or progressing in a career. This may have a bearing on the distribution of assets which is why a prenup needs to cover changes in circumstances and be reviewed regularly.

What can’t be included in a prenuptial agreement?

The primary purpose of a prenuptial agreement is to prevent a dispute if a marriage breaks down. It is not designed to frustrate the legitimate financial claim of the other party.

While there are no strict rules about what can or cannot be included, a prenuptial agreement has no hope of even being considered by the courts if it’s unfair or fails to meet the basic needs of one party.

Any terms of the agreement that go against public policy would also be dismissed for example making conditions on how the other party must behave to receive their portion of the settlement.

Are pre-nuptial agreements legally binding in the UK?

It is legal to have a prenuptial agreement in the UK and the court will look at it, but a prenuptial agreement is not legally binding.

The husband or wife can apply for a financial settlement. It is not possible to stop a judge in those proceedings from making certain orders, and the judge can use his or her discretion in what orders to make.

It is becoming more common for UK courts to seriously consider the terms of a nuptial agreement and if you follow the right process when drafting it, a properly executed prenup can have a significant weight in court proceedings. The agreement may be upheld fully or in part unless there is a very good reason why it should not be.

How do you make a persuasive prenup?

For a prenup to be worth consideration by the court you must ensure that you make it in good time. This means signing the document at least 28 days before your wedding day.

Your agreement is also more likely to be upheld if you take independent legal advice on its terms. This helps avoid any accusations of one party being put under pressure to sign and it ensures you both fully understand what you’re signing.

How do you make a prenup?

Both parties to a prenuptial agreement should get independent legal advice before taking any further action. This is to ensure that everybody fully understands what it is they are being asked to sign, it is fair and reasonable, and it has been prepared correctly.

It is usual for both parties to such agreements to provide details of all their financial matters. This is so that you can make an informed decision before signing the contract. If full financial information wasn’t given, or if something was hidden during the process, a prenuptial agreement may not be upheld in the event of a divorce.

The terms of the agreement should be clearly written and cover everything you want to include. If there is any ambiguity or doubt, this could cause difficulties in the event of a divorce and could lead to a judge in financial settlement proceedings making decisions that you may not like.

Finally, the agreement should be fair and reasonable otherwise it is unlikely to be upheld in the event of divorce proceedings.

Can you draft your own prenuptial agreement?

As prenups are not legally binding, any chance you have of it being considered depends on making sure the agreement is correctly prepared in a particular way.

Without drawing on qualified legal expertise to help you draft your prenup, you may not cover all the important aspects that should be included to fully protect your assets in a financial settlement. That’s why we are on hand to help you draft a prenuptial agreement tailored to your situation.

As tempting as it may be to save money and use a pre-drafted template, such templated agreements don’t consider your unique situation and may not achieve the desired result.

When should you obtain the prenuptial agreement?

It’s advised that you prepare and sign the prenuptial agreement well in advance of your wedding. Taking time to draft the perfect prenup benefits everyone involved. The agreement may take several months to draft and should be signed at least 28 days before your wedding day.

This helps avoid future accusations of undue pressure on one party or a lack of understanding of the implication of signing the agreement. Both are potential reasons a court might have for not upholding the terms of the prenup.

Can you get a prenuptial agreement for a civil partnership?

Yes. There is a pre-civil partnership agreement which functions in the same way. This is known as a ‘precip.’

Is a prenup worth spending money on?

Pre-nuptial agreements can be a cost-effective way of avoiding the potentially expensive arguments that often happen when couples split up and can make the process for divorce a lot simpler and less acrimonious.

Legal precedent is shifting in favour of upholding prenups, provided they are prepared correctly and don’t disproportionately favour one party.

It is a good idea to speak to one of our specialist family lawyers about the possibility of a prenuptial agreement before getting married. We can assess your circumstances and give you the best advice about whether you should consider a prenup.

Our expertise is wide ranging, having helped clients in situations where there is a second marriage, where the parties owned assets before they got married, and in situations where there are already children or stepchildren to consider. Get in touch today for an initial no obligation call.

How can Rowlinsons help?

The first step is to talk to your family lawyer. At Rowlinsons, we have vast experience in helping people with prenuptial agreements.

We can help you:

  • decide whether a prenuptial agreement is right for you
  • identify what to include
  • negotiate the terms
  • draft the contract
  • offer advice on a prenup you’ve been asked to sign

Contact our Pre-Nuptial Agreement Solicitors

Our team of Family Law Solicitors in Cheshire can assist you with preparing these types of agreement, making sure your interests are protected should you divorce. We can talk through your individual circumstances, and provide clear and concise advise on the options available for you. Our solicitors specialised in divorce can talk through the pros and cons of each option, looking at what is in your best interests, and preparing a tailor made agreement that best suits your circumstances.

We have offices in Frodsham and Sutton Weaver,  and are able to advise client across St Helens, Widnes, Warrington, Chester, and Northwich. We can also facilitate meetings across the North Wales, the Wirral, Liverpool, Manchester and across Cheshire. We are always available to help, wherever you are in the UK.

For more information, or to book an appointment to talk about pre-nuptial agreements, contact our team today.

Contact us on 01928 735 333 for an initial no obligation call or click here for a call back. We also have meeting facilities in North Wales for Family Law clients.