Prenuptial agreement solicitors in Leeds

Prenuptial agreements can be an effective way of protecting property and money you have acquired before you marry, giving you long-term peace of mind. It can also protect assets that you may acquire in the future, depending on your needs.

Entering marriage can be an exciting time, and no one wants to think about what might happen if things go wrong in the future. You should, however, be practical and plan for all eventualities.

This can reduce uncertainty and distress should your relationship break down. It is particularly important in any second (or third) marriages in order to protect assets for any children.

Since 1987, our award-winning family law team has been providing expert legal advice around prenuptial agreements. 

We have worked on cases of all types and can guide you through the entire process sensitively, effectively and efficiently.

What is a prenuptial agreement?

Also known as a ‘prenup’, a prenuptial agreement is a contract prepared prior to marriage or civil partnership to regulate your financial affairs in the event of divorce or separation. It sets out arrangements which have been agreed by both parties.

These agreements are very flexible. Assets involved can include savings, inheritance, property and estate claims, businesses and pensions. They can also protect your income stream. The agreement can make provisions for wealth already invested, as well as wealth that the couple envisages may be received in future.

An individual may consider a prenuptial agreement if, for example, they have accrued inherited family wealth or a business prior to marriage and want to protect it in the event of separation or divorce. These agreements can help to avoid ​​potentially costly court proceedings should your relationship break down.

A prenuptial agreement is very similar to a postnuptial agreement (‘postnup’), with the difference being that a prenuptial agreement is a contract entered into before a couple gets marriage, and a postnuptial agreement is a contract entered into after a couple has got married.

How prenuptial agreements work and legal considerations

A prenuptial agreement is a contract – not a court order – and so must follow contractual rules. The terms of a prenuptial agreement are only confirmed as a court order within any later divorce proceedings.

They are not automatically legally binding or legally enforceable – the court retains an overall discretion to make orders which are different to the terms of a prenuptial agreement.

However, this discretion will be rarely exercised, as long as it has been effected properly. Our expert team will ensure that the agreement is not deemed to be unfair and as long as both parties have full appreciation of its implications, the agreement is likely to be upheld.

In the years following the leading case of Radmacher vs Granatino 2010, courts in England and Wales have attached increased importance to written agreements entered into by a couple either before they marry, or during their marriage.

The terms of a prenuptial agreement may not be upheld if it was not entered into freely, if it is not fair, and if both parties did not have legal advice. The requirements of children of the marriage must not be prejudiced, either.

This makes specialist involvement at the time of its creation very important.

How early should I draft a prenuptial agreement?

A prenuptial agreement must be entered into at least 28 days before the date of marriage.

However, it is recommended to begin this process as early as possible in order that they can ensure it is drafted correctly and meets your needs. This ensures the document is tailored to your specific needs and, more importantly, saves you from liaising with solicitors in the final weeks before your big day!

The agreement requires there to be financial transparency between you, which may be in the form of a detailed exchange of financial documentation. This evidences your respective income, capital and pension provisions.

Each party must also have the opportunity to obtain legal advice. For these reasons, it is important to have discussions about a prenuptial agreement early – certainly not within the few weeks immediately leading up to marriage.

How much does a prenuptial agreement cost?

It all depends on the value and complexity of the assets involved. A typical starting cost for a simple agreement is around £2,500 + VAT, rising to over £5,000 for particularly complex cases.

Do you need a solicitor for a prenuptial agreement?

A written agreement entered into by a couple separating without legal advice – or a statement of intent by one person – is unlikely to be recognised by the court. It is not recommended to write your own prenuptial agreement.

Certain procedures need to be followed when entering into a pre- or postnuptial agreement. If these are not followed, then your partner may be able to claim that the agreement is invalid and make an application for the judge to determine how your assets should be divided.

Bespoke, expert legal advice on prenuptial agreements

Our specialist solicitors can give you expert legal advice about prenuptial and postnuptial agreements, prepare bespoke agreements and guide you through all the essential processes for creating an effective agreement.

Remember, the agreement must be drafted and signed correctly, independent legal advice must have been sought, and the agreement must have been signed at least four weeks before the marriage.

A prenuptial agreement involves both parties to make a full disclosure of the extent of your assets and interests. It can also ask both parties to look toward the future and predict what may happen – our team is skilled and experienced in guiding you through this process.

We know every relationship is different and make sure the agreement will suit your own circumstances. We can advise you on your options, answer any questions, draw up the agreements and even represent you in court if there is an issue with a prenuptial agreement.

We appreciate that these discussions have the potential to be delicate – rest assured our team has decades of experience advising and guiding couples on prenuptial agreements. We have worked on cases of all shapes and sizes, including those involving complex and high-value assets.

Why choose Emsleys for your prenuptial agreement?

Rated as ‘Excellent’ on Trustpilot and acknowledged as a ‘Leading Firm’ by The Legal 500, 99% of our customers say they would use us again and recommend us to others.

Our team works out of our Leeds office at No. 6 Colton Mill for clients across the UK – you can meet us in-person or we can work remotely.

Talk to us today to discuss your prenuptial agreement requirements.