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Pre- and Post-Nuptial Agreements

Although no one would call them ‘romantic’, Pre-and Post-Nuptial Agreements can provide certainty, reassurance and an element of control over how matrimonial property will be divided should you and your spouse divorce.

They can also clearly define what both of you agree is and is not matrimonial property.

Our Family Law Solicitors can provide expert, practical advice on how to structure your Nuptial Agreement and draft a clear document that has the best chance of being given weight by the Courts should you and your spouse divorce. If you are being asked to sign a Nuptial Agreement, we will advise you on the potential consequences of signing the document. Having advised couples who have independent business interests, properties, and assets they want to ensure are passed down through their bloodline, you can be confident that we have the knowledge and expertise to protect your best interests.

Why choose Nayyars Solicitors

We are a family-owned and operated firm, that puts client care and relationships at the heart of everything we do. When you instruct us, you will be assigned your own legal team who will get to know everything about your situation and ensure you receive consistent and seamless support every step of the way.

Our team has won multiple awards for legal excellence. We have offices in Manchester, London, and Dubai. This shows how dedicated we are to our clients and providing exceptional legal services both in the UK and internationally.

The head of our family law team, Ayesha Nayyar, is a founding partner with over 20 years of experience. She has authored articles for numerous publications and blogs. She has her own live call-in show on the local radio, and has appeared and co-presented in various prestigious TV productions, including those produced by the BBC.

To find out more about how we can advise and draft a Pre-and Post-Nuptial Agreement, please call us on 0333 123 1331 or fill in our contact form, and we will get back to you as soon as possible.

What sets us apart:

“Absolutely wonderful Ayesha was so helpful covered everything I needed and explained anything else so I completely understood I would recommend these guys to anyone thank you I will be back when needed.”

Frequently Asked Questions

Nuptial Agreements are not legally binding. However, the Supreme Court in the case of Radmacher v Granatino [2010] UKSC 42, stated that a Pre- or Post-Nuptial Agreement would be given considerable weight provided the below conditions were met:

  1. It is freely entered into,
  2. Both parties fully appreciate the effects of the agreement (by seeking independent legal advice), and
  3. In the current circumstances, it is fair to hold both parties to the agreement.

The Court must consider the factors under section 25 of the Matrimonial Causes Act 1974 when deciding whether to uphold the Agreement. These factors are:

  • The income, earning capacity, property, and other financial resources each party has access to now and in the near future.
  • The financial needs, obligations, and responsibilities of each of the parties now and in the near future.
  • The standard of living enjoyed by the family before the breakdown of the marriage.
  • The age of each party to the marriage and the duration of the marriage.
  • Any physical or mental disability of either of the parties to the marriage.
  • The contributions that each of the parties has made or is likely in the near future concerning caring for any children of the marriage.
  • The conduct of each of the parties, if that conduct is such that it would, in the opinion of the court, be inequitable to disregard it.
  • The value of any benefit one party will fail to acquire due to the divorce.

Only after considering these factors and coming to the conclusion that what is stated in the Agreement meets both parties’ needs and is fair, at the point in time of which, the financial settlement is being decided, will a decision be made regarding whether both parties’ are bound by the Agreement.

Both Agreements are essentially the same, the only difference being that a Pre-Nuptial Agreement is negotiated and signed before the marriage takes place, a Post-Nuptial Agreement afterwards. Post-Nuptial Agreements are often entered into when a couple are contemplating getting divorced but decide to give their relationship one final chance.

Let us advise and represent you on your Pre-and Post-Nuptial Agreement. You can trust that we will always be on your side, protecting your best interests.

Contact us on 0333 123 1331 or fill in our contact form and we will get back to you as quickly as possible.

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