Prenuptial agreement/Postnuptial Agreement

Prenuptial agreement is a written contract entered into by people intending to marry.

A prenuptial agreement is a contract that you enter into before getting married. It can be an important tool for couples who want to protect their assets, set up how property will be divided in case of divorce, or determine how child custody will work. It is also an important document for families with children from previous marriages who are thinking about remarrying.

Prenuptial agreements are most effective when the couple works together to create them, rather than having one spouse take control and write it unilaterally. This can help avoid potential problems down the road if there is a disagreement about what was intended or expected at the time of signing.

The document is written before a marriage or civil partnership and outlines the couple’s rights to any property, debts, income, other assets purchased together or acquired individually and arrangements regarding any children in the event that the relationship ends in separation or divorce. The prenuptial or postnuptial agreement could, for example, include:

• terms for the surrender of assets as a result of divorce on the grounds of adultery
• terms for financial support (maintenance), the legal obligation on a person to provide for his or her spouse after separation or divorce.
• division of property
• conditions of guardianship

A postnuptial agreement is similar to a prenuptial agreement except it is made after the marriage or civil partnership and is normally notarised, meaning it is legally authenticated by a person qualified to do so. If you have any legal problems or questions about prenuptial or postnuptial agreements, and went expert legal advice over the phone, just call We Talk Law on 0203 002 4898.

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