Nuptial agreements

Nuptial agreements are agreements between partners or spouses who wish to set out their financial and property positions prior to or during a marriage.  The most commonly referred to nuptial agreement is a pre-nuptial agreement entered into before two partners get married.  There are also post-nuptial agreements entered into after marriage which can have the same effect.

In order to enter into a nuptial agreement both spouses have to agree to the terms of the agreement.  Often this is the most difficult aspect of drafting such agreements.  Our specialist family law solicitors understand that it is important to our clients that a pre-nuptial agreement represents their needs and that a fine balanced approach is required in both negotiating the terms of the agreement and drafting the same.

The law is relatively rigid in that, unless there is a nuptial agreement, all assets and finances of both parties become matrimonial assets post marriage.  This can mean that if you own a property before marriage or have savings, or any other assets these can be protected by a pre-nuptial.

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What can be included?

A nuptial agreement can cover all aspects of your marriage in relation to property and finances all the way down to what would happen to any family pets in the event of a separation or a split.  Some of the more important things included within a nuptial agreement are:

Property and what happens to your interests in property in the event of separation or Divorce

How finances will be managed during the Marriage for example who pays for or contributes to what and how much.

What happens to belongings that were purchased together as spouses.

In the event of sale of a property or business interest what happens to the proceeds of the sale both during the marriage and after Divorce.

What happens to the family pets such as dogs and cats etc.

Any Spousal Maintenance payments made during the marriage and or post-divorce.

What the children’s financial arrangements will be both during the marriage and or post-divorce.

In the event of separation or divorce where the children will live and what maintenance will be paid to the parent with residency.

There are so many matters that can be considered important when dealing with nuptial agreements and we will work with our client to ensure that their wishes are included within the remit of the law.

Fixed Fee Pre or Post Nuptial Agreements

Our team can work with you on a Fixed Fee basis to draft your Pre or Post Nuptial Agreement if you are able to agree the basic terms of the agreement before our formal instructions between you.

We will charge a fixed fee of £750.00 + VAT (£900.00 including VAT)

Included within our fixed fee Nuptial Agreement package is:

Initial Consultation and Legal Advice by telephone.

Full and detailed Legal Advice on the Content of the Nuptial Agreement and implications of signing the same.

Providing a Standard Questionnaire to obtain from you and your partner or spouse the information required to draft both the Agreement and Schedule setting out your respective assets and financial status.

Drafting the Nuptial Agreement in accordance with your instructions.

In many circumstances our fixed fee package will not be suitable and we would suggest this is where assets are worth in excess of £1.1million and  or there is more than one property involved or complex matters relating to stocks and shares or company ownership/directorship or shareholdings.

In circumstances where our fixed fee package is not suitable we will work with you to ensure that we provide a cost efficient and swift service with clear information about our fees from the outset. If you wish to discuss your requirements please contact us on 0203 9252 301 or complete an online enquiry form.

David Durkin-Finch

Senior partner

Jacqueline Tanner

Head of litigation