Even in the most amicable divorces and separations, tensions can quickly arise when couples are forced to make decisions about how they want to divide their matrimonial assets and finances. In some scenarios, this can escalate to contentious court proceedings, where both parties fight for what they believe to be fair.
This is why prenuptial agreements, also referred to as a prenup, are becoming increasingly popular, as couples enter into their marriage with more financial security for the future. Prenuptial agreements set out financial arrangements between a couple and will detail exactly what will happen in the event that they divorce.
At Sharp Family Law, our specialist prenuptial agreement solicitors have extensive experience in working with couples to draft and respond to prenuptial agreements.
Our prenuptial agreement solicitors always take a collaborative approach to all matters related to divorce and separation, including in relation to prenuptial agreements. Where there are any disagreements, taking a collaborative approach not only saves you time and money but will also increase the likelihood of achieving a positive outcome that is in everyone’s best interests.
No matter how complex your circumstances may initially appear or how valuable the relevant assets are, our divorce solicitors focus on utilising a variety of approaches to reduce the potential for conflict, such as collaborative law, constructive negotiation, and mediation.
Sharp Family Law accept work in person and electronically, by email or by filesharing on various platforms. We offer conferences in person, at our offices and by Skype for business, Microsoft Teams, Zoom, and FaceTime or other video systems, or by telephone.
To arrange an initial meeting with one of our prenuptial agreement solicitors, whether that is in person or electronically, please give us a call or use our simple enquiry form to request a call back.
Our prenuptial agreement services
Drafting a prenuptial agreement
Our prenuptial agreement solicitors can work alongside you to help you put a bespoke document in place that protects your financial interests before you enter into a marriage or civil partnership.
We can carefully talk you through the entire process, tailoring our advice to your personal circumstances. This is where we can make sure you are fully aware of all the implications of including certain terms, which means you can be sure the final document will leave you in the strongest possible position if you decide to end your relationship in the future.
Every prenuptial agreement is different, but there are various financial matters which are likely to be covered. This might include:
- Defining who owns what
- Making arrangements for the family home
- Making arrangements for the division of money and property
- Settling debt liabilities
- Arranging how pre-marital assets (such as inheritance and businesses) should be divided
- Setting out financial arrangements related to children from prior relationships
It is also important to note that, for a prenuptial agreement to be followed up by a court, it needs to have been drawn up by a qualified lawyer or solicitor.
Responding to a prenuptial agreement
If your partner has drafted a prenuptial agreement, you should not feel pressured to sign it right away. It is in your best interests to speak to one of our solicitors, who can help to establish what the benefits and drawbacks of signing the prenup would be and advise you on what your next steps should be.
Negotiating the terms of a prenuptial agreement
If you have been presented with a prenuptial agreement and you do not agree with the terms on offer, our prenuptial agreement solicitors can negotiate on your behalf to secure a more favourable outcome.
Similarly, if you have presented your partner with a prenuptial agreement and they are not willing to agree to its terms, we can negotiate on your behalf to reach an outcome that is in everybody’s best interests, avoiding the potential for conflict.
Creating a postnuptial agreement
It is possible to make a prenuptial agreement after you get married or enter into a civil partnership. These are called postnuptial agreements.
Postnuptial agreements work in much the same way as prenuptial agreements, with the only real difference being the point at which they are signed.
Why choose Sharp Family Law for advice about prenuptial agreements?
Sharp Family Law is one of the largest and most well-established family law firms in Bath and Bristol. We have specialist expertise in helping individuals to draft and respond to prenuptial agreements and will always ensure your interests are well protected in the event of a divorce.
Our prenuptial agreement solicitors in Bath and Bristol are committed to providing a carefully tailored and highly personal service for all of our clients. We understand that every case is unique, and, as such, we make sure that our advice is designed to make a prenup that meets the financial needs of both you and your partner.
Independent recognition for our family law expertise includes:
- The Legal 500 - Tier 3 for Family in the South West
- Chambers & Partners – Band 2 for Family/Matrimonial in the South West
- Richard Sharp is personally ranked Band 3 in Chambers & Partners
Our team’s training and professional memberships include:
- Several members of Resolution – the professional network for family lawyers committed to taking a non-confrontational approach to family law
- Richard Sharp is a trained collaborative lawyer and family mediator in both the UK and USA
To find out more about our family lawyers’ individual expertise, please take a look at our team.
Frequently asked questions about prenuptial agreements
Are prenuptial agreements legally binding?
Prenuptial agreements are not technically legally binding. However, the court is likely to uphold the terms of a prenuptial agreement so long as various conditions were met when it was drawn up and signed.
This includes:
- The agreement being drawn up by a qualified lawyer or solicitor
- Both parties receiving independent legal advice
- Both parties entered into the agreement voluntarily
- The agreement is fair to both parties
- The agreement does not disadvantage any children
- Both parties understood the implications of signing
Can a prenuptial agreement be changed after marriage?
It is possible to amend the terms of a prenuptial agreement after marriage so long as both parties consent. The same process needs to be followed to ensure that it will be upheld by a judge if it is ever disputed.
Do I have to sign a prenuptial agreement?
If you do not wish to enter into a prenuptial agreement, you should not feel pressured to accept the terms straight away. It is a good idea to speak to a specialist prenuptial agreement solicitor, who can work with you to assess the terms you have been presented with and negotiate a more suitable agreement where appropriate.
Get in touch with our prenuptial agreement solicitors in Bath and Bristol
To arrange an initial meeting with our prenuptial agreement solicitors in Bath and Bristol, whether that be in person or electronically, please give us a call or use our simple online enquiry form to request a call back.