We help protect your future before you say ‘I do’.
The future is never certain, so it is sensible to protect your long term financial security when getting married. This is especially important for second marriages and where there are children to consider in order to protect their inheritance rights.
Our expert prenuptial agreements solicitors will work closely with you to understand your unique situation, listening to your concerns. We will then provide carefully tailored advice to protect your future, making your rights clear.
Prenuptial agreements are no longer just for the super wealthy. We can advise clients from a range of backgrounds, including where there are complex and high value assets, as well as for more common assets, such as the family home.
At all times, we will aim to avoid conflict while working hard to give you peace of mind that you and your loved ones will be taken care of financially.
We’ll help you to secure your future.
Contact our prenuptial agreement solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our prenuptial agreement lawyers today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.
Our expertise with prenuptial agreements
Advice on whether a prenuptial agreement is required
Whether to get a prenuptial agreement is a really important decision. Our team will be happy to discuss your situation with you and whether a prenup might be appropriate.
As a general rule, a prenuptial agreement may be worth considering in situations such as those where:
- You have children from a previous relationship
- There is a significant disparity in your respective incomes
- There is a significant disparity in the value of your respective assets
- There is a significant disparity in your respective savings
- You own or have shares in a business
- You have received or expect to receive a significant inheritance
- Your spouse-to-be has substantial debts
- You own your own pre-marital property
- You have your own pre-marital pension
Negotiating the terms of a prenuptial agreement
Knowing what terms to include in a prenup isn’t always straightforward. Getting the right legal advice is essential for you to understand the legal implications and requirement of a prenuptial agreement, and to ensure it is enforceable, which you can then discuss with your partner with confidence.
Our prenuptial agreement lawyers can give clear advice on financial rights in marriage and divorce, then support you during negotiations with your partner. We can help you to get in place a fair agreement in a constructive way that aims to avoid the potential for conflict.
Advice on a prenuptial agreement you have been asked to sign
If your prospective spouse has asked you to sign a prenuptial agreement, you must seek independent legal advice before signing. Not only does this ensure you fully understand what you are agreeing to, but it is also a requirement in order for the agreement to have any legal weight.
Our team will be happy to review the terms of a prenup and tell you what the terms mean for you and any children you have. We can advise if we think the agreement is fair and negotiate any points that need to be clarified or amended.
Updating a prenuptial agreement
Once you have a prenup in place, it is not something you can simply forget about. If your circumstances change, you will need to review the agreement every 3-5 years and consider whether it is still fair and appropriate.
If your existing prenuptial agreement no longer matches your situation or likely future needs, we can assist with creating a postnuptial agreement to replace it.
The application of prenuptial agreements during divorce
When going through a divorce where there is a prenup in place, it is essential to get early legal advice. This can provide clarity on whether the prenuptial agreement is likely to be considered fair or whether it may be open to challenge, as such agreements will always be open to the scrutiny of the court on divorce.
Our family lawyers have experience advising on divorce with a prenup, so can make sure you are clear on where you stand. If the agreement is open to challenge, we can represent you and give you the best chance of securing a fair settlement, whether through negotiation or court proceedings.
Frequently asked questions about prenuptial agreements
What is a prenuptial agreement?
A prenuptial agreement is a legal document made before marriage that details how the assets of the couple would be split in the event of divorce. Its purpose is to help to provide certainty that your future financial security is protected and minimise the risk of conflict during a separation.
What should you include in a prenup?
Exactly what you will need to include in a prenuptial agreement will depend on what assets each person has and their likely future financial needs, as well as the needs of any children.
Typical assets to cover in a prenup include:
- The family home
- Second homes, holiday homes and investment properties
- Savings and pensions
- Investments and shares
- Inheritances
- Debts
You must always take expert legal advice when making a prenuptial agreement to ensure all appropriate assets are considered and accounted for and more importantly, for it to be taken into account by the court.
Is a prenuptial agreement legally binding?
Prenuptial agreements are not legally binding in England and Wales, so a court can theoretically override the agreement. However, this will generally only happen if the court feels the agreement is not fair, the agreement has not been reviewed following significant material changes in the relationship, or is out of date (e.g. 3-5 years old), or does not properly consider the needs of one of the spouses or any children.
A properly prepared prenuptial agreement has a strong chance of being taken into consideration by a court, so it is essential to have the agreement drafted by a solicitor. Each person must also have independent legal advice before signing.
A robust prenuptial agreement should meet various conditions, including:
- It should be in writing
- It should be fair to both spouses
- It should make appropriate provision for any children
- Both people must sign freely and voluntarily
- Both people must fully understand all implications of the agreement and have had independent legal advice
- Both people must provide a full disclosure of their finances
- It should be drawn up and signed at least 21 days before the wedding
Can I get a prenuptial agreement after marriage?
No – a prenuptial agreement can only be entered into before marriage.
I’m getting married for the second time, do I need a prenuptial agreement?
Prenuptial agreements can provide an extra layer of security for anyone who is marrying for the second time. It is more likely there will be more significant assets to account for, as well as children from previous marriages, which means the potential consequences of a future divorce could be very serious.
I’m getting married for the second time, how can I protect my assets for my children?
Protecting inheritance for children is a key consideration for any parent, particularly for those who are getting married for the second time. Having a prenuptial agreement can be used to dictate what rights children from a previous relationship have to any assets.
Can a prenuptial agreement be changed?
It is important to regularly review your prenuptial agreement to make sure it still matches your circumstances and wishes. If your circumstances have changed (e.g. you have had children or one of you has come into a significant inheritance) the prenup is likely to no longer be valid.
In such circumstances, it is recommended to replace the prenuptial agreement with a postnuptial agreement that takes account of your new circumstances or any change in your wishes.
How much does a prenuptial agreement cost?
The cost of a prenuptial agreement will depend on your requirements, but it can often be completed on a fixed fee basis. Please speak to a member of our team and we will be happy to provide a quote.
Why Choose Susan Howarth & Co for prenuptial agreement advice?
We believe that everyone has the right to access justice and expert legal advice. Drawing on our years of experience, we want to ensure clients immediate and long-term interests are protected. We are very proud of our family law department, with our high-calibre solicitors having built up a fantastic reputation in the community.
At Susan Howarth & Co, we approach every case with professionalism and commitment. No client’s needs are the same, which is why we always take the time to understand what every individual needs.
Our expertise is independently recognised, including:
- Ranked as a Band 2 legal practice in the Chambers & Partners UK legal guide
- Directors Susan Howarth and Victoria Poole are both also ranked as Notable Practitioners by Chambers & Partners UK
- Ranked as a Band 3 Leading Family Law Firm in The Legal 500 directory
- Susan Howarth has been ranked as a Leading Individual for 4 consecutive years by the Legal 500 and was inducted into the Hall of Fame in 2023 as one of only seven individuals for Family Law (North West)
- Accreditation by the Law Society for Family Law and Children Law
- Many of our team are members of Resolution, the leading professional network for family lawyers
- Year on year we gain Lexcel accreditation for excellence in practice management
- We are winners of the Best Family and Childcare Law firm (North West) 2023 and 2022 in the AI Legal Awards
- We have been finalists of the Lexis Nexis Family Law Firm of the Year (North) for 2 consecutive years
A key benefit we can offer is our in-house family mediation service. We have a specialist Resolution-trained Family Mediator who is also a Resolution-accredited Specialist in Domestic Violence and Children Law (private) and an FMC-accredited Family Mediator (all issues).
Contact our prenuptial agreement solicitors in Northwich, Cheshire
If you’d like to discuss your legal needs with one of our prenuptial agreement lawyers today, give us a call on 01606 48777 or email info@susanhowarthsolicitors.co.uk.