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Your Security, Our Priority.

We're here to help you

Send your details to us and we will call you back to take further information about your matter.

If you are looking for help with prenuptial agreements our specialist solicitors can help you. In addition to office meetings, we offer remote meetings by telephone or video if preferred. To discuss your options call us 24/7 on 0208 004 0065 or email us at hello@southgate.co.uk 

Prenuptial Agreements

Prenuptial agreements, often referred to as “prenups”, are becoming an increasingly considered option for couples in the UK looking to enter into marriage or a civil union. These written agreements outline the distribution of money, assets, and property in the event of a divorce or dissolution of a civil partnership, offering a layer of financial protection and clarity for both parties. 

Although prenuptial agreements are not legally binding in England and Wales, they are increasingly being given weight by the courts, particularly if certain criteria are met. While not strictly enforceable like a contract, prenuptial agreements are considered by the courts as one of the factors to be taken into account when determining financial settlements upon divorce or civil dissolution. Key factors that may influence the enforceability of a prenuptial agreement in England and Wales include full and frank financial disclosure, independent legal advice, fairness, duress or undue influence, and the date it was entered into. 

Creating a prenuptial agreement involves careful consideration and legal expertise. Our team of experienced prenuptial agreement solicitors at southgate solicitors is equipped to guide you through the process, ensuring that your prenup is drafted to reflect your unique circumstances and stands the best chance of being upheld in court. 

What we can do

At southgate solicitors, we offer comprehensive assistance tailored to your needs throughout your prenuptial agreements process. Our team of experienced professionals understand the intricacies of family law and are dedicated to providing you with the expertise and support you need during what can be a daunting and highly emotional time.  We have Resolution members and also hold Law Society Family Law Advanced Panel Accreditation which demonstrates our knowledge, skill and expertise in this area of law. 

If you wish to read more about this area of law we have some frequently asked questions at the end of this page – feel free to scroll down to read more.

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FAQs

While prenups are not legally binding in England and Wales, they are given significant consideration by courts if drafted correctly and are fair to both parties. 

A solicitor ensures that your prenup is drafted accurately, reflects your wishes, and meets the criteria for court consideration, significantly increasing the chances of it being upheld by the court in the event of divorce or civil dissolution. 

  

To enhance the enforceability of a prenup, it should be signed at least 21 days before the wedding, be fair, include full financial disclosure from both parties, and both parties should receive independent legal advice. 

A prenuptial agreement is made before marriage, while a postnuptial agreement is created after a couple is already married but wishes to outline the distribution of assets in case of divorce. 

Petnups are agreements that specifically address the custody and care of pets in the event of a separation, ensuring that pets are considered and provided for. 

A cohabitation agreement is more suited for couples who live together but are not married or in a civil union, outlining how assets and responsibilities are divided should the relationship end. 

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