Pre and Post-nuptial agreements

Engagements and wedding planning are joyful and heart-warming experiences and talk of a pre-nup can feel at odds with this special time. But entering into a marriage or civil partnership, with a pre-nup can provide you with the certainty and financial transparency, that will benefit you both for the long term. With our guidance we can incorporate your nuptial agreement seamlessly into the run up to your wedding. The open conversations that take place as part of the process can help you to build trust as a couple.

Nuptial agreements, encompassing both pre-nuptial (pre-nup) and post-nuptial (post-nup) agreements, are designed to outline the financial arrangements in the event of a divorce. The agreements we prepare are bespoke and seek to protect any assets that one or both parties bring to the marriage, or that may be inherited during the marriage.

Nuptial agreements provide certainty and security, giving you more control and allowing you to make your own arrangements for the future.

At Forsters, we are committed to helping you protect your future. Our experienced team will work closely with you to create a nuptial agreement that meets your needs and provides peace of mind.

Why should I have a nuptial agreement?

Pre-nups

• Wealth disparity – if there is an actual or expected significant disparity in wealth between you and your spouse, a pre-nup can help protect your assets
• Family assets – protect assets, perhaps in a trust or a property, that have been in your family for generations or business interests that you wish to protect against divorce
• Previous marriages – if it is not a first marriage for one or both of you and you wish to preserve assets for children of your previous marriage.
• Immigration – if you are getting married earlier than you otherwise might have done for immigration/visa reasons, a pre-nup can provide financial clarity

Post-nups

• Missed pre-nup opportunity – sometimes people miss the boat to enter a pre-nup before they marry, but want to have an agreement for one of the reasons set out above; it is never too late
• Unexpected wealth – protect unexpected wealth, such as a lifetime gift from a parent, with the security of a post nuptial agreement.
• International relocation – For international couples relocating to England, a post-nup can provide certainty in the event of divorce, especially with London being regarded as a generous divorce jurisdiction
• Tax considerations – sometimes it makes sense to hold your assets differently for tax reasons during marriage, other than 50/50; A post-nup can decide how the assets would be divided differently on divorce

International considerations

International issues should be considered when completing a nuptial agreement, especially if either you or your spouse were born, have assets, or now live, outside of England and Wales, or plan to spend significant time overseas. Likewise, if you had a pre-nup or post-nup in another country, it is possible that its terms would not be respected by the courts here in England. It is advisable, ideally before relocating to England, to take specialist advice to understand whether an English agreement is needed. We frequently collaborate with specialist lawyers in other jurisdictions to ensure that such agreements are given maximum weight.