Prenup & Postnup Agreements
Pre-nuptial agreements can help to achieve certainty on divorce, and are a key element of wealth planning for high net worth individuals.
It is a sad reality that as many as 40 per cent of marriages now end in divorce. A pre-nuptial agreement will make provision for that circumstance, should it arise, by setting out how your assets and liabilities will be divided. Although not strictly binding in this jurisdiction, the use of pre-nuptial agreements has increased dramatically in recent times. The landmark case of Radmacher v Granatino in 2010, in which our firm was involved, is a big step towards pre-nuptial agreements being decisive.
If you wish to enter into a pre-nuptial agreement or your intended spouse has asked you to, we will provide you with expert advice in order to ensure that it is fair and that it gives you maximum certainty on divorce. It can be a difficult subject to address, but our experienced lawyers are sympathetic to this and will help to advise you in a sensitive way.
Whilst most of our cases involve mainly English issues, we also have particular expertise in advising those individuals with interests overseas. Complicated cross-border issues can arise in these cases, requiring careful and specialist advice to ensure that the agreement reached has effect in all of the relevant jurisdictions. This is a particularly developing area as a result of European legislation and the impact of Brexit. The lawyers in our team are at the forefront of developments in this field, and are therefore ideally placed to advise.
We will also advise on the likely effect of a pre-nuptial agreement entered into abroad if you later move to this country, and will advise you on a post-nuptial agreement in this jurisdiction if necessary.