Prenuptial Agreements

Prenuptial & Postnuptial Agreement Solicitors

Signing a prenup may feel like it is dooming your marriage to failure, but many couples find that discussing their finances helps them plan for a life together. A well-drafted prenup provides clarity on what you and your partner can expect from marriage and sets out how you will be treated in the event of divorce.

If you think your relationship may benefit from the protection afforded by a prenup, schedule a no-cost 1-hour consultation with our team today for a no-obligation initial discussion. If you decide to proceed, we will work closely with you to identify your needs and create a unique agreement.

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Benefits of a Prenup

Planning Your Future Together

Prenups can be a good vehicle for partners to understand their financial circumstances and prospects at marriage. Indeed, many couples find that discussing their finances helps them plan for a life together.

Ensuring Peace of Mind in Marriage and Separation

The reality is that divorce does not just impact the separating couple. A messy divorce can have a devastating impact on your friends, family, colleagues and employees. A well-drafted prenup can remove the uncertainty of settling your financial affairs. There are many situations in which it is particularly important to have a prenup in place, including:

  • Where one or both partners owns a business – a prenup can protect the underlying value of your business, preventing cash and business assets from being drawn into any post-divorce financial settlement.
  • Where one or both partners spends considerable time outside the UK – for international couples, a prenup will ensure any future divorce proceedings are held in an appropriate jurisdiction. If assets are held in more than one country, your prenup will make it easier to achieve a reasonable financial settlement that reflects your life circumstances.
  • Where one or both partners are classed as high-profile/high-net-worth individuals – a prenup can ensure that details of your personal and financial circumstances remain private in the event of divorce.

Role of Prenuptial Agreements in UK Divorce Proceedings

Although pre-nuptial agreements are not legally binding in England and Wales, courts will likely uphold any agreement that was entered into freely and without duress, particularly if the agreement was made well in advance of the wedding date.

A thumbnail with bio photo of John Randle, Head of Family Law practice at McAllister Olivarius, and a badge he receives from being ranked in the 2024 Chambers and Partners.
John Randle, Senior Counsel and Head of Family Practice

Why McAllister Olivarius?

Our family solicitors have worked with hundreds of couples to draft prenups covering every sort of eventuality. In one case, a client who divorced her husband with our prenuptial agreement in place liked the results enough to ask us to draft another one when she decided to remarry. 

Experienced Team

Our practice is led by John Randle, a specialist in family law with nearly 40 years’ experience. John typically acts for high-net-worth individuals, from prominent businesspeople to household names in the world of sport. His clients have included British Olympians, Premier League footballers, international rugby players and others.

John is recognised by leading directories for his skill in dealing with a full range of divorce matters, including matrimonial finance, the division of business assets, and complex private child law issues such as international surrogacy, international adoption and special guardianship applications.

Over his many years in law, John has represented and advised thousands of clients facing divorce. He has acted in significant settlements, including complex prenuptial arrangements worth tens of millions of pounds.

Unparalleled Experience, Meticulous Approach

We understand the financial and emotional intricacies of the divorce process and will find a way to protect your interests while considering the well-being of you and your children.

Whatever your circumstances, our meticulous approach will help you reach a fair and favourable settlement.

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FAQs

What are the grounds for divorce in England and Wales?

As of April 6, 2022, there has been no need to specify grounds for divorce in the England and Wales beyond the irretrievable breakdown of marriage. The no-fault divorce rule allows married persons or civil partners to apply for a divorce without the need to identify bad behaviour or prove fault on the part of their spouse.

Divorcing couples can file for divorce by citing the irretrievable breakdown of their marriage. This is done by submitting a sole or joint application under which both parties agree to dissolve their relationship. If only one party wishes to file for divorce, they may submit a sole application which can no longer be contested by the other party, save for rare technical legal grounds such as legality or jurisdiction of marriage.

However, a no-fault divorce only ends your marriage. It does not address complexities that are likely to arise from the division of finances, assets and property. What happens to the matrimonial home? If the home is sold, how should the proceeds be divided? When should spousal maintenance be paid, for how long and how much? Should any pensions be shared? If so, how? For divorcing parents, it will be necessary to establish who the children will live with, how much time they will spend with the other parent and when.

These are typically very challenging questions that can have a big impact on both partners’ lives. Contact us if you would like to discuss any of the above issues in confidence with one of our solicitors.

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What are the alternatives to divorce?

If you feel your marriage has irretrievably broken down but are not ready to commit to divorce proceedings, a legal separation can offer you the time and space to decide what’s right for you. A legal separation does not end your marriage. You and your spouse will be recognised as legally married, and you will retain some of the legal benefits to which married couples are entitled.

Often, couples use legal separation to determine whether divorce is really the right decision. Legally separating couples will have to deal with the same issues as divorcing couples, from the division of assets and debts to parenting and childcare rights and responsibilities. However, any such agreement that is formalised in a separation agreement can be carried over if you do decide to get divorced.

If you would like to discuss whether legal separation is right for you or have questions about financial or parental issues related to a legal separation, contacts us now for a free initial consultation.

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Meet Our Divorce & Family Law Team in Maidenhead