Pre-Nuptial Agreement Solicitors in Kent & South East London
Aletta Shaw's family solicitors prepare pre-nuptial and post-nuptial agreements that set out how you and your partner would divide assets if the relationship ended. While not automatically binding in England and Wales, a properly prepared agreement is given significant weight by the courts.
Key fact: Pre-nuptial agreements are not automatically legally binding in England and Wales, but since the 2010 Radmacher case courts give them decisive weight when they are fair and properly made.
The way property is divided when a marriage ends is governed by the Matrimonial Causes Act 1973, and the court has wide discretion over financial settlements. Source: gov.uk.
Frequently asked questions
Are pre-nuptial agreements legally binding?
Not automatically, but the courts will usually uphold a prenup that is fair, entered into freely and made with full financial disclosure and independent legal advice on both sides.
When should we sign a prenup?
Ideally at least 28 days before the wedding, so neither party feels under pressure. Signing too close to the wedding can undermine the agreement's weight.
What is a post-nuptial agreement?
It is the same kind of agreement but made after you are already married. It can be useful after an inheritance, a change in circumstances or to record how assets should be treated.
Do we both need our own solicitor?
Yes. For the agreement to carry weight, each of you should take independent legal advice so it is clear you both understood and freely agreed to it.
Speak to Aletta Shaw Solicitors for a free initial call on 020 8301 4884, or book a consultation. Offices in Bexleyheath, Blackheath, Petts Wood, Tunbridge Wells and St Katharine Docks.