Find a Solicitor for your Prenuptial Agreement

How our prenuptial agreement solicitors can help

Although they may seem unromantic or overly cautious, prenuptial agreements can provide valuable support during unforeseen challenges. However, if a prenuptial agreement is overly one-sided, it’s unlikely to hold up in court. That's where prenup solicitors come in. Here are just some of the ways our team can support with prenuptial agreements:

Why choose Lawhive for a prenuptial agreement lawyer?

It takes an expert to prepare an enforceable prenuptial agreement. While there’s no clear-cut legislation regulating the drafting and enforcement of prenups, a lawyer with expertise in family and divorce law knows how to enforce prenups in court. Our solicitors have decades of experience in family law. Here’s why so many couples trust us with their prenuptial agreements:

• Expertise in family law: We work with a network of UK solicitors who specialise in family and financial law. They have years of experience and can ensure your agreement is rock-solid and legally sound.
• Affordable prenup advice: On average, using Lawhive is up to 50% cheaper than a standard law firm. You'll also get a fixed fee, and free quote with no obligation to commit.
• Confidential, compassionate guidance: Our prenuptial agreement solicitors approach sensitive matters with the utmost care. Their goal is to support you with discretion and empathy throughout the process, ensuring you feel heard and respected.

Costs and solicitor fees involved

Typically, hiring a prenuptial agreement lawyer and preparing an agreement can have a starting cost of up to £1,500. And with Lawhive, you could save up to 50%. Every case is unique and the exact cost will vary depending on the complexity of your case and what's involved. Get your free quote today to better understand the fees and what you might need from a solicitor.

Here are just some of the services you might need to factor in:

• The initial solicitor consultation
• Drafting your agreement
• Reviewing your agreement
• Any subsequent redrafts and revisions
• Counter proposals from the other party
• Potential mediation fees

The prenuptial agreement process explained

Creating a prenuptial agreement starts with either of the parties proposing it. Once that’s done, it’s time for the prenup lawyers to step in. Here’s a quick overview of the prenup process in the UK:

1. Initial consultation and financial disclosure: Parties may independently visit prenup solicitors for consultation. This typically involves sharing their concerns, personal demands, and joint needs, as well as disclosing all personal and jointly owned assets and debts.
2. Drafting the agreement: After documenting the demands, needs, and financial disclosure of either of the parties, the prenup solicitor can then draft the prenuptial agreement.
3. Review and negotiation: The drafted prenup is exchanged between the parties for review and negotiation. This is usually the lengthiest process, as both the parties and their solicitors will review the draft independently. The negotiation process typically involves requesting modifications and offering counter-terms to ambiguous and unacceptable terms.
4. Finalising and signing: After negotiations, the solicitors will re-draft the prenup, modifying it to suit the agreed terms at the mediation session. Once the re-draft is completed, the parties will review it before signing.
5. Updating and revisiting the agreement: While prenups are great for protecting assets and family management in case of divorce, some circumstances may warrant updating the prenup. In this case, a postnuptial agreement will be drafted to amend or update the existing prenup. Postnuptial agreements are usually drafted when there are extreme changes in a marriage's finances.

Drafting a tailored prenuptial agreement

There’s no one-size-fits-all rule guiding the drafting of a prenuptial agreement. Prenups are unique to each couple. Factors such as financial differences, family needs, co-owned assets, and personal preferences must be considered when drafting a prenuptial agreement.

To prepare a tailored prenuptial agreement, here are a few things that your solicitor might include in the agreement:

• Finances: Full financial disclosure from both parties to include all assets and liabilities.
• Children: The prenup may highlight how children (both from prior marriages or during the marriage) would be catered for should there be a divorce.
• Inheritances, trusts and co-owned assets: All assets not solely owned must be clearly stated and protected from asset sharing during divorce.
• Family home and real estate property: A prenup must arrange for real estate properties and the family’s home to be divided during a divorce. Properties jointly owned by the spouses before marriage should also be listed for fair sharing.

How to ensure a prenup is legally valid

To ensure a prenuptial agreement holds up in court, there are essential elements your solicitor will address:

• Full financial disclosure: Both parties need to transparently disclose their complete financial situation. This includes listing all assets and liabilities, whether owned individually or jointly with a third party. The financial disclosure must be well-documented to avoid disputes later.
• Clear and understandable language: The prenup should be drafted using straightforward and concise language, ensuring that anyone can easily understand its terms without needing a background in divorce law.
• Fairness in terms: The agreement must be equitable for both parties. Beyond safeguarding individual assets and liabilities brought into the marriage, it should ensure a fair division of marital assets and liabilities. Additionally, it must consider the well-being of dependents, especially any children from the marriage.
• Absence of duress or pressure: The agreement must be signed voluntarily and without any sense of urgency. For this reason, it should be finalised and signed at least 28 days before the wedding to ensure neither party feels pressured into the agreement.

Key benefits of a prenuptial agreement

Prenup agreements can make couples feel uneasy. However, when done correctly, they can provide a host of benefits and protections for both parties.

• Asset protection: Typically, assets before marriage are protected against unfair division, and assets obtained during a marriage are divided on a fair ratio.
• Division of liabilities: Just as assets are protected, liabilities are fairly shared between spouses. Only liabilities and debts earned in marriage are divided between the spouses; everything else is personal liability.
• Simplified divorce process: With a prenup on hand, couples can easily conclude a divorce without haggling about issues already resolved by the prenup.
• Establishes financial expectations: With a prenup, spouses enter into marriage with a clear understanding of their finances, expectations, and obligations.

Limitations of prenuptial agreements

Although prenups are legally recognised, they aren’t automatically enforceable in UK courts. Some limitations against prenups include the following:

1. Judicial discretion: The courts ultimately decide whether a prenup can be enforced, especially regarding the division of assets and child maintenance.
2. Full financial disclosure: Prenups are only enforceable to the extent that they’re true. Dishonesty or failing to disclose all assets before the prenup could make it unenforceable.
3. Fair conditions: Prenups cannot be one-sided, and where the terms appear unreasonably in favour of one party, they may be unenforceable in court.

Get legal help today

Drafting a prenuptial agreement is a significant step before marriage. Ignore the paranoia, and enjoy financial security for your assets before marriage. All it takes is laying all your cards on the table by revealing all your assets and liabilities. Then, your prenup lawyer can prepare a mutually beneficial prenup for you and your spouse.

Don’t risk creating a flawed prenup. Contact Lawhive for tailor-made legal assistance in preparing your prenuptial agreement. With Lawhive, you’ll enjoy excellent legal services and long-term assistance that you can trust.

References:

• Prenuptial agreements from UK Parliament
• Matrimonial Causes Act 1973

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