Pre-nuptial agreement solicitors

A prenuptial agreement sets out how your finances would be dealt with if your marriage ended. When you instruct Rushton Family Law, we advise on what your agreement should cover, prepare it, and work with your partner’s solicitor to reach terms you can both sign well before the wedding.

Prenups at a glance

  • A prenup sets out how your finances would be divided if your marriage ended.
  • It’s not automatically binding, but courts generally uphold a fair agreement entered into freely.
  • Each of you should take independent legal advice and give full financial disclosure.
  • The agreement should be signed well before the wedding, so neither of you is under pressure.
  • A prenup can’t override the needs of any children.


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Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.

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Getting advice on a prenup

We start by understanding what you each bring to the marriage and what you want the agreement to achieve. That means your assets, income and any business interests, expected inheritances or family trusts, any children from previous relationships, and your plans for the future. We will also talk about timing, as the agreement should be signed well before the wedding.

From there, we will advise you on what a fair and effective agreement looks like in your circumstances.

What a prenup can cover

A prenup can set out how assets would be divided on divorce, including:

  • Pre-marital assets. Property, savings and investments either of you owns before the marriage.
  • Business interests. A business or shareholding owned by one of you.
  • Inheritances and family wealth. Gifts and inheritances received during the marriage, as well as assets held in family trusts.
  • The family home. How it would be treated, including any contributions each of you makes.
  • Maintenance. Whether, and on what basis, either of you would pay maintenance.

A prenup can’t override the needs of any children, and the court is unlikely to uphold terms that would leave either of you unable to meet your reasonable needs.

How a prenup is put together

Each of you instructs your own solicitor, and you exchange financial disclosure so that you both understand what is being agreed. We then draft the agreement and negotiate the terms with your partner’s solicitor. Once you have each taken independent advice on the final version, the agreement is signed. We plan the timetable so this happens well ahead of the wedding. [Link: Are nuptial agreements legally binding?]

Prenups for international couples

Where either of you has assets abroad, or you may live outside England and Wales in future, the agreement needs to work across more than one legal system. We advise on the position in England and Wales and, where needed, work with lawyers in the other country.

Pre-registration agreements for civil partners

Couples entering a civil partnership can make an equivalent agreement before registering. The same principles apply, and we prepare it in the same way.

Reviewing your prenup

A prenup made years ago may no longer reflect your circumstances, particularly after the birth of children, a significant change in wealth, or a move abroad. A review clause, or a later post-nuptial agreement, can keep it up to date.

RELATED SERVICES

Post-nuptial agreements

Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

Are pre-nuptial agreements legally binding in England and Wales?

Not automatically, but courts will usually uphold one if you both entered into it freely, with full financial disclosure and independent legal advice, and its terms are fair. The government has proposed making qualifying agreements fully binding, but that change isn’t law yet.

How much does a pre-nuptial agreement cost?

The cost depends on how complex your finances are, for example whether there are businesses, trusts or assets abroad, and each of you will need your own solicitor. We’ll give you a clear fee estimate before any work starts.

What can and can’t a pre-nuptial agreement cover?

It can set out how property, savings, businesses, pensions, inheritances and maintenance would be divided if you divorce. It can’t decide arrangements for children, and a court won’t hold you to terms that leave either of you, or your children, in real need.

How long before the wedding should we sign a pre-nuptial agreement?

Ideally at least 28 days before the wedding, so neither of you can say you were pressured. Start several months ahead to leave time for disclosure, advice and negotiation.

What is the difference between a pre-nuptial and a post-nuptial agreement?

A pre-nuptial agreement is signed before the wedding, and a post-nuptial agreement is signed after it. Courts treat the two in much the same way.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

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