Pre & Post Nuptial Agreements

Pre and Post Nuptial Agreements are a practical form of financial planning which anyone who is getting married, entering into a civil partnership, or is already married, may wish to consider.

Financial Implications of Marriage

Once you are married, the law provides that everything that you, or your spouse or civil partner, acquire (with some exceptions) in the course of the marriage is considered to be “matrimonial property”.

Matrimonial property is to be shared fairly, which generally means equally, in the event of divorce, but there are various circumstances in which an unequal division might be justified. Marriage brings with it certain automatic rights of inheritance in your spouse’s estate: to cash, property and house contents - and also imposes obligations of aliment (ongoing financial support) in certain circumstances.

Why have a Pre or Post Nuptial Agreement?

You may not want the law about inheritance or division of matrimonial property on divorce to apply. You may want to protect certain non-matrimonial assets (which you brought to the marriage, or were gifted to you, or inherited by you during the marriage) in the event that some time in the future they change in nature to become matrimonial property.

You may want your Will, alone, to govern what happens to your estate in the event of your death. You may have already decided “who” will get “what” in the event that you separate.

You can be as general or specific as you like in a Pre or Post Nuptial Agreement, as long as it is fair and reasonable at the time it is entered into.

When are these agreements typically used?

• When is there is unequal or significant wealth coming into a marriage;
• Where it is a second marriage for either or both of the individuals;
• Where you intend to restructure your business during the course of the marriage, or have already done so;
• Where you intend to bring your spouse or future spouse into your business;
• Where you inherit or are gifted wealth either prior to, or during the course of a marriage;
• To protect certain assets, (e.g. a family business) for your children or extended family in the event of separation, divorce or death;
• Where you and your intended spouse or partner are already agreed “who” will get “what” in the event of divorce or death; or
• Where you intend to gift family assets, as part of an inheritance tax planning exercise, to your children and there is a prospect that they will marry in due course, or they are already married.

What should I do if I want a Pre or Post Nuptial Agreement?

You should speak to one of our specialist family lawyers as early as possible, so that we can give you advice specific to your circumstances. If you have a wedding date planned, then you should contact us as far in advance of that date as possible.