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Protect your future before marriage
Pre nuptial agreements can provide certain protections if you later decide to divorce, dissolve your civil partnership or otherwise separate from a long-term partner. A pre nuptial agreement, or prenup, is not legally binding under English law, but will usually be upheld by a judge.
MLP’s family lawyers can help you draw up a pre nuptial agreement with the best chance of being upheld later. We can work with you to decide what you will include in your agreement, ensuring that both parties are in full agreement so that there are no disputes later.
How to draw up a prenup
Our expert team know what is likely to be enforced by a judge, should you ever need to rely on your prenup in the future.
- Our prenups provide real protection for your finances and other interests
- Our terms leave no doubt whether a judge will approve your prenup
If you are already married or in a civil partnership, and both parties agree, you can instead create a post nuptial agreement.
Speak to our team to find out more:
0161 926 9969
When is a prenup legally binding?
For a judge to enforce a pre nuptial agreement, it should meet certain criteria:
- Both parties receive legal advice
- The prenup is signed at least 28 days before the wedding
- The terms are fair and contractually legal
- Both parties must enter into the agreement willingly
- No dependants may be prejudiced
In general, a prenup cannot be used to force a partner into poverty after breakup. A judge may overrule your prenup if it appears this will happen.
Frequently asked Pre Nuptial Agreement questions
You should not force your partner to sign a prenup. However, our family lawyers can help you to agree on terms both parties can accept, so your prenup meets the criteria of being fair and entered into willingly.
It’s common for a pre nuptial agreement to specify what happens to finances and assets after divorce, dissolution or separation. If you want to include other arrangements such as child residency rights, we can advise on that too.
By definition a pre nuptial arrangement is made before your wedding or civil partnership takes place. To be upheld in court, you should sign your agreement at least 28 days before your ceremony.
A last-minute pre nuptial agreement may not be upheld in court. However, post nuptial agreements are also an option. If your wedding is less than 28 days away, contact us immediately and we can help you to decide how to proceed.
You might want to avoid paying anything to your former spouse on divorce. While this is not impossible to achieve using a pre nuptial agreement, you should make sure your ex-partner will be able to fund their own lifestyle without being forced into poverty. If both parties are independently wealthy, there is more chance that a judge will agree to a no-settlement divorce.
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Not only do we have our substantial experience, we like to think we talk your language.
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