Pre and Post Nuptial Agreements

 

Pre and post nuptial agreements and other relationship agreements can offer security, legal protection and peace of mind. We will guide you in reaching these agreements, offering insight and understanding which is second to none. 

Overview →

When properly prepared, pre and post nuptial agreements and other relationship agreements will shape what happens if, at a later stage, you and your partner separate and divorce. In the meantime, they can bring clarity and support to your relationship and can provide the added benefit of legal protection should either of you need it at a later date.

Care needs to be taken to ensure that any agreement that you sign is legally binding. This is particularly the case with pre nuptial agreements where there are challenging hurdles to creating a binding agreement. For example, you need to give yourself enough time before the wedding to finalise the agreement.

It is essential that you fully understand the implications of any relationship agreement, including how the courts might interpret the agreement if it is ever relied on. 

Our Expertise →

At FLiP our expertise in negotiating and delivering pre and post nuptial agreements and relationship agreements is second to none. We combine the first-class knowledge of our lawyers with the support of our family consultants and counsellors to offer an unrivalled service, delivered with insight and understanding. 

Knowledge of the international rules applying to pre and post marriage agreements is a key aspect of our international family law work and we have close contacts with expert family lawyers across the globe who can assist when required.

We are often asked to advise on whether a pre marriage or pre nuptial agreement entered into abroad is valid. The questions that we are commonly asked include:

My client is entering into a prenuptial agreement in my country. Will the agreement be binding in England & Wales too? Will a reciprocal agreement be necessary?

Provided certain criteria have been met in the drafting and the circumstances surrounding the entering into of such an agreement, then it is likely that the English court will implement, or at least be highly influenced by, a pre-nuptial or post-nuptial agreement. However this is not definitive as the Court retains a wide discretion to make an order on other terms. It is therefore imperative that, if the parties plan on moving to England for a period of time or if divorce proceedings could be issued in England, your client speaks to a lawyer at FLiP about pre-nuptial agreements in England. Your client may want to consider a mirror English agreement.

Is my client’s marital property regime recognised in England?

The short answer is to assume no, although the English courts may be highly influenced by a foreign marital property regime.

When advising on the best process to achieve a long lasting solution, we often find that the collaborative approach is the best forum within which to negotiate relationship agreements. We also offer a mediation-based service to couples who are considering entering into a pre nuptial or other relationship agreement. And our counsellors can provide assistance to couples who are embarking on a pre nuptial or a post nuptial agreement (whether or not with one of the lawyers at FLiP). Their sessions can work well alongside the legal process, particularly if entering into a pre nuptial or a post nuptial agreement might stir up difficult feelings.

Our People

 

We have some of the very best London divorce lawyers and mediators, along with accomplished arbitrators, family consultants and counsellors. There’s no one better to handle your case.

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