The common feature of those seeking advice on prenuptials is a search for certainty in an uncertain world. Our clients are typically either young couples setting out or those in later life, who seek to reduce the possibility of conflict in the event of their marriage breaking down or protect assets for their children.
The run up to your wedding can be a stressful time, and this does not need to add to your list of worries. We will listen to you, discuss your expectations and concerns, and advise you on the advantages and disadvantages of entering into a prenuptial agreement based on your individual set of circumstances. We can then advise on the best approach to drafting and negotiating the terms of the agreement.
Preparing a prenuptial agreement is not just about the law. These agreements often involve wider family members and they necessitate discussions about inheritance and family trusts.
Negotiations need to be delicately and diplomatically handled. We will guide you through the process in a pragmatic yet emotionally sensitive way. Our Private Client team can provide advice on the tax and inheritance implications of your prenuptial agreement at the same time and can draw up a Will to reflect the terms of the agreement.
Those planning a prenuptial agreement are often of a different nationality and/or live abroad. If that is the case, we will draw on our contacts in other countries to ensure clients obtain good advice from foreign lawyers.
Depending on the circumstances, we will be able to do this well in advance of your wedding date so that the prenuptial can be signed and you can then get on with the more enjoyable aspects of your wedding planning.
Some important points to consider
- Never enter in to a prenuptial thinking that it will not be enforceable. While a prenuptial agreement is not legally binding in England and Wales they are likely to be upheld in most case so long as certain factors are met.
- Consider which country might now or in the future be relevant to your marriage. If your married life will really be spent in Monaco or New York, an English prenuptial is unlikely to be sufficient and we will need to ensure that the arrangements reflect the laws of wherever you might end up (or prepare a separate agreement which is enforceable abroad).
- Remember that things change, particularly if you move abroad, and that no one knows what the effect of a long marriage will have on a pre-nuptial entered into today.
Recent examples of our work
- Our high net worth Chinese client required a complex pre-nuptial agreement which involved significant international considerations. Working with our private client team, our significant experience of offshore trusts and tax law ensured our client the best possible representation and negotiation position.
- Our British based gay client sought a prenuptial agreement before his marriage to his long term partner (living in Germany). By protecting our client’s assets and agreeing sensible provision for the partner in the event of divorce, we gave the prenuptial agreement the highest possibility of being enforced.
- Our London based French banker sought a prenuptial agreement in England and we liaised with his French lawyers to mirror the position in France. By protecting our client in both countries we were able to provide certainty in the event of a divorce.
If you require further information or advice from our team of specialist family lawyers, please submit a brief online enquiry.
