Family Law
A conversation about finances before or during marriage can help both people understand what they are agreeing to. We advise on prenuptial and postnuptial agreements, including how to approach existing property, business interests, inheritances and responsibilities to children from an earlier relationship.
Understanding your next steps
A prenuptial agreement is made before marriage and a postnuptial agreement afterwards. In England and Wales, neither automatically removes the court’s power to decide finances on divorce. The circumstances in which it was made and its fairness when applied are important.
A sound process allows time for financial disclosure, questions, negotiation and independent legal advice. Pressure to sign near a wedding can create difficulties. We can draft an agreement or advise you on a proposed document, with the other person separately advised.
An agreement should consider foreseeable changes, such as children, a career break or a move abroad. Review arrangements can help keep it relevant. A document intended to protect an inheritance still needs to consider the family’s needs and the wider circumstances.
A clear way forward
Tell us about the wedding date, previous relationships, children and the assets or commitments you want the agreement to address.
Prepare details of property, savings, investments, pensions, businesses, income and debts, with supporting information rather than estimates alone.
We advise on proposals, explain the legal limits and allow for questions and negotiation before signing and planning future reviews.
Planning ahead
Drafting a new agreement and advising on one already prepared involve different work. Complexity, negotiations, business valuations and overseas connections affect cost. Each person should budget for their own independent legal advice.
Start well before the wedding so neither person is rushed. The time required depends on disclosure and negotiations. A postnuptial agreement may be considered after marriage, but it also needs a careful and voluntary process.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
It is not automatically binding in the same way as a court order. Courts can give substantial weight to an agreement entered freely with an understanding of its implications, unless applying it would be unfair in the circumstances.
Each person should have independent legal advice on their own position. We can explain our role and the arrangements needed for the other person to receive separate advice.
A postnuptial agreement can record financial arrangements during the marriage. The same need for disclosure, voluntary agreement and careful consideration of fairness remains.
It should be revisited after significant changes, such as children, substantial changes in wealth or moving country. A review is also an opportunity to check the agreement alongside wills and property arrangements.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham
