Prenuptial Agreements Solicitors

Prenuptial agreements

We have experience in preparing prenuptial agreements (‘prenups’) and pre-registration agreements (for civil partnerships) which can be taken into account by a Court in the event that the relationship breaks down.

Our prenuptial agreements solicitors can offer you comprehensive advice as to how best to protect your position, and we can point your partner in the right direction for independent legal advice.

We can also advise on whether the agreement needs updating during your marriage and the validity of a prenuptial agreement if you are getting divorced. We advise there should be regular reviews of your pre-nuptial agreement during your marriage.

Postnuptial agreements

If you are already married but want the same protection offered by a prenup, you can make a postnuptial agreement instead. This works exactly the same as a prenuptial agreement but can be made at any point during your marriage.

A postnuptial agreement or ‘postnup’ can also be used to replace an existing prenuptial agreement if your circumstances have changed, making your previous agreement no longer suitable.

Our team will be happy to advise on all aspects of postnuptial agreements, including negotiating and drafting the terms.

Cohabitation agreements

The term ‘common law spouse’ is widely used to describe cohabitees which has led to a misconception that people who live together have similar rights to those who are married.

Many people approach their solicitor for advice about their rights as a ‘common law spouse’ without realising that their position is not protected by the law. You may want to consider entering into a cohabitation agreement with your partner to record your intentions at the outset.

Our solicitors can advise you and prepare an agreement which could avoid the need for Court proceedings should the relationship break down. If your relationship is ending and you have a cohabitation agreement in place, we can advise on its terms and deal with any challenges that arise.

Relationship agreements FAQs

What is a prenuptial agreement?

A prenuptial agreement or ‘prenup’ is a legal document that sets out how the assets of two people getting married would be divided if they were later to divorce. It provides certainty for the future, giving you financial security and helping to reduce the likelihood of conflict in a separation.

What does a prenuptial agreement cover?

A prenuptial agreement should include provision for the entirety of both partners’ assets, including any property, savings, investments and business interests. If you have children, it should also include provisions for them as the agreement should meet the needs of any children.

Who can sign up for a prenuptial agreement?

Any couple planning to get married can create a prenuptial agreement. It must be signed a reasonable length of time before the wedding (a minimum of 28 days) to avoid any suggestion that either party may have been under pressure to sign. Preparation can be complex so you should take advice a minimum of three months (including the 28 days) prior to the wedding, longer if possible.

If you are already married, you can instead make a postnuptial agreement. If you are living together or planning to live together without getting married, you can make a cohabitation agreement.

Is a prenuptial agreement legally binding?

A prenuptial agreement is a legal contract between the two prospective spouses, which means both are bound by the terms of the agreement. If either spouse fails to stick to the terms during a separation, the other could potentially make a civil claim against them.

However, this does not mean that a court will automatically uphold the terms of the prenup. If the court decides that the prenuptial agreement was unfair to either person or did not make sufficient provision for any children, then it may decide that the couple’s assets should be divided differently.

To have the best chance of a prenup being taken into consideration by a court, you should follow these steps when making it:

• The agreement must be in writing
• The agreement must be signed by both parties
• Both people must make full disclosure of their assets
• Each person must get independent legal advice before signing
• The agreement must be signed at least 28 days before the wedding
• Neither party should be under any pressure to sign
• The agreement should make reasonable provision for any children

How much does a prenuptial agreement cost?

The cost of a prenuptial agreement will depend on your requirements, including how complex your finances are and how much negotiation is needed. If your requirements are relatively straightforward, you may be able to agree on a fixed price with your solicitor.

How long does it take to sign a prenuptial agreement?

There is no set time frame, but each party should be given a reasonable amount of time to consider the agreement before signing, and it must be signed at least 28 days before the wedding. You should consult with a solicitor at least three months before the wedding, longer if possible.

Can you get a postnuptial agreement?

Yes, if you are already married, you can make a postnuptial agreement instead of a prenuptial agreement.

How much does a postnuptial agreement cost?

As with a prenuptial agreement, the cost of a postnuptial agreement will depend on your requirements and circumstances, e.g. how complex your finances are.

What is a cohabitation agreement?

A cohabitation agreement is a legal document that sets out how a cohabiting couple’s assets would be dealt with if they were to separate. As unmarried couples have no automatic legal rights towards each other’s property, it is very sensible to make such an agreement if you are cohabiting.

Is a cohabitation agreement legally binding?

A cohabitation agreement is a legal contract, so it is possible for one partner to make a civil claim against the other if they were to breach the terms of the agreement. So, in that sense, the agreement is legally binding.

Can a prenuptial agreement be contested?

Yes, you can potentially contest the terms of a prenuptial agreement. Reasons you might be able to do so include:

• Your spouse did not make a full disclosure of their assets before the agreement was signed
• The agreement is manifestly unfair
• Your family’s circumstances have changed since the agreement was made (e.g. you have had children), making the terms of the agreement no longer appropriate
• Undue pressure has been placed upon either party to the agreement
• The agreement is signed less than 28 days prior to the wedding (as within 28 days, undue pressure could be a factor)

Contesting a prenuptial agreement can be very challenging, so it is strongly recommended to seek expert legal advice at an early stage. This helps to ensure you fully understand your rights and whether a challenge has a reasonable chance of success.

If you do wish to contest a prenuptial agreement or need to defend an action to do so brought by your spouse, it is essential to have expert legal support and representation.

Can a prenuptial agreement be changed?

Yes, if the terms of the agreement no longer match your circumstances or you simply wish to renegotiate, you can do so by creating a postnuptial agreement. This will supersede the terms of the prenuptial agreement as long as both spouses can agree on new terms and sign the resulting agreement. We encourage parties to regularly review their prenuptial agreement.

Why choose our family law solicitors for prenuptial agreements advice?

At JCP Solicitors, we pride ourselves on our strong commitment to our local communities across South Wales, West Wales and East Wales.

Every one of our solicitors is an expert in their area, working closely with clients to ensure their interests are protected at all times. We can provide clear, practical support to help you get a prenuptial agreement, postnuptial agreement or cohabitation agreement in place, giving you confidence for the future.

We are accredited by the Law Society for Family Law Advanced and one of our team is a member of Resolution - demonstrating our ability to assist clients through complex family law matters.

JCP Solicitors is independently regulated by the Solicitors Regulation Authority (SRA).

Get in touch with our prenuptial agreements solicitors today

For further information, please get in touch with our prenuptial agreements solicitors in South Wales. You can give us a call at one of our local branches in Swansea, Caerphilly, Cardiff, Carmarthen, Cowbridge, Fishguard, Haverfordwest and St Davids.

Alternatively, please feel free to email us at law@jcpsolicitors.co.uk or fill in our online enquiry form.