prenuptial agreements

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Transferring Property to Your Spouse: Tax Implications and Legal Considerations

Published on
Lydia Wright
Lydia White
Outreach Assistant
Niche Inbound

Deciding to share ownership of a home is a major milestone for any couple. Whether you are adding a partner to the deeds of a primary residence or gifting an investment property, the process involves more than just updating a name. In the UK, these transactions carry specific tax rules and legal requirements that change depending on your marital status and the value of the property.

Navigating these rules helps you protect your assets and ensure you remain compliant with HM Revenue and Customs. This guide explains how the transfer works and what you should expect during the legal process.

Understanding the Legal Process of Transfer

A transfer of equity is the legal process of changing how a property is owned without a full sale. You’ll need a solicitor to draft a Transfer Deed, which both parties sign before it’s sent to the Land Registry. If there’s an existing mortgage, your lender must give consent and confirm the new owner meets their affordability criteria.

Because the legal title is changing, you must decide between being joint tenants or tenants in common. This decision is vital as it determines how your shares are divided and what happens to the home if one owner passes away. Making the right choice now ensures your long-term interests are fully protected.

Tax Implications of Property Transfers

One of the main reasons people choose to transfer property to spouse is the favourable tax treatment offered to married couples and civil partners. Unlike transfers to friends or siblings, gifts between spouses are usually exempt from Capital Gains Tax. This means you won’t face a large tax bill based on the increase in the property value since you bought it.

Stamp Duty Land Tax is another consideration. Generally, if you gift a property and there is no mortgage, no Stamp Duty is due. However, if there is a mortgage, the person receiving the share is taking on a portion of that debt. HMRC views this consideration as a payment. If the share of the mortgage being transferred exceeds certain thresholds, Stamp Duty might apply.

Income Tax also enters the frame if the property is rented out. By transferring a share of a buy to let property, you can potentially utilise both of your personal tax allowances. This can be a smart way to manage your household finances. You must report any changes in rental income distribution to HMRC to avoid penalties.

Key Steps to Complete the Transfer

The timeline for a transfer of equity can vary, but most cases take between four and six weeks. Ensuring you have all your documents ready can speed up the process. Your solicitor will handle the bulk of the communication with the Land Registry and your mortgage lender.

  1. Contact your mortgage provider to get a Letter of Consent.
  2. Instruct a conveyancing solicitor to handle the legal paperwork.
  3. Decide on the ownership structure (Joint Tenants or Tenants in Common).
  4. Sign the Transfer Deed in the presence of a witness.
  5. Pay any necessary Stamp Duty to HMRC.
  6. Wait for the Land Registry to confirm the update to the title deeds.

Common Pitfalls to Avoid

Couples often assume that because they are married, the law treats all transfers as automatic. This isn’t the case. Failing to inform a lender about a change in ownership can put you in breach of your mortgage contract. Always be transparent with your bank to ensure the debt is correctly secured against the new owners.

Another mistake is neglecting the Deed of Trust. If you are contributing different amounts to the mortgage or the equity, a Deed of Trust outlines exactly who owns what percentage. This document is vital for tenants in common. It provides a clear roadmap if the relationship ends or if the property is sold in the future.

Lastly, don’t forget about the impact on your will. Changing property ownership can change how your estate is handled. It’s a good idea to update your will at the same time you change your property deeds. This ensures that your wishes are still reflected in your legal documents.

Summary of Spouse Transfers

Changing the ownership of your home is a significant financial move that requires careful planning. While the tax benefits for married couples are generous, the legal steps remain strict. By involving a professional early, you can manage the mortgage requirements and tax filings without unnecessary stress.

Taking the time to understand the difference between ownership types and the potential for Stamp Duty charges will save you from surprises later. Proper legal advice ensures the transfer is handled correctly and your family’s future stays secure. Be sure to check your specific circumstances with a qualified expert before you begin the process.

About Niche Inbound

Niche Inbound is a leading UK-based inbound marketing agency. Renowned for her expertise and forward-thinking approach, Lydia is dedicated to helping brands thrive in the ever-evolving digital landscape. Outside of work, she enjoys outdoor adventures and spending time with loved ones.

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Why Prenups are Losing Their Stigma - and Why More Couples Should Consider Them
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Why Prenups are Losing Their Stigma – and Why More Couples Should Consider Them

Published on
Fiona Lazenby
Fiona Lazenby
Partner – Family
Knights

Prenuptial agreements have made a comeback into the spotlight recently – not least after Jeff Bezos tied the knot with Lauren Sánchez earlier this summer. While they continue to often be branded ‘unromantic’ or ‘pessimistic’, these agreements are quietly becoming more mainstream, with growing numbers of millennials and everyday couples separating themselves from traditional perceptions and exploring them as a pragmatic way to protect assets and ensure financial clarity in the event of divorce.

As a family specialist at national leading law firm Knights, Jane Livingstone has seen first-hand how prenups have evolved from being a niche, often misunderstood concept into a recognised mechanism that can bring clarity and security to relationships.

What is a prenuptial agreement really for?

A prenuptial agreement, commonly known as “prenup”, is effectively signed before marriage, setting out how a couple would regulate or separate finances should the marriage later break down. 

They’re often associated with situations where one spouse has significantly greater wealth, owns a business, expects to inherit or wants to protect a family asset. Increasingly, however, couples with more modest means have started to recognise the value of deciding these matters early rather than leaving everything to chance. 

While the Supreme Court has recently ruled that on divorce, spouses should share the assets they build together, they need not share assets received from their families or inherited, known as non-matrimonial assets. However, such assets can become ‘matrimonialised’, depending on how they’re used during the marriage. A prenup is a useful tool to clarify that certain assets, such as gifts, inheritances, or family wealth, are to remain outside the pool of shared assets, even if circumstances change during the marriage.

Similarly, if a spouse inherits or receives family wealth after the marriage has begun, a postnuptial agreement can serve the same purpose, offering protection and clarity at any stage of the relationship. 

Where the change of heart comes from among younger generations

With many people deciding nowadays to walk down the aisle later in life, they often enter marriages with more established careers and accumulated assets. Many would’ve also witnessed, within family or friends, the financial fallout and emotional strain of divorce, making them more conscious of planning ahead.

Far from being a sign of mistrust, most couples find that talking openly about their finances before marriage brings them closer. As morbid as it may sound, it’s not unlike writing a will: it’s rarely done in expectation of the worst, but to provide clarity and peace of mind.

Are prenups legally binding?

Prenups aren’t automatically legally binding in England and Wales. Courts retain discretion to decide what is fair, especially in cases involving the needs of children.

However, if a prenup is properly prepared – with full financial disclosure, independent legal advice for both parties, and fair, realistic terms – it will carry significant weight. In practice, this often means that a well-drafted prenup does exactly what it’s intended to: reduce conflict and avoid lengthy, expensive and unnecessary disputes. 

Who can benefit and what assets can be covered?

While high-profile examples like Bezos make headlines, prenups are valuable for anyone who wants to protect particular assets, spanning across family businesses, inherited wealth, property purchased before marriage, savings or investments built up independently, and trust funds. 

For business owners, a prenup can be particularly constructive. Without one, divorce can trigger intrusive business valuations, disrupt operations, and create liquidity pressures. Agreeing in advance on how the business will be treated helps protect its stability.

Prenups can also address responsibility for existing debts, ensuring that personal liabilities remain personal rather than becoming joint obligations.

Importantly, these agreements aren’t standard templates – they’re tailored documents, drafted to reflect each couple’s unique circumstances and priorities.

Common misconceptions

One of the most enduring myths is that prenups are only for the very wealthy. The reality is now shaping these agreements differently, as prenups have been increasingly used by couples with moderate wealth who simply seek clarity and fairness. 

Another misconception is that discussing a prenup is cynical or unromantic. In practice, most couples who choose to have these conversations find it reassuring, providing peace of mind and establishing respect for each other’s financial futures, which can hugely reduce anxiety.

How to get it right

The process by which a prenup is created is as important as its content. Some key points:

  • Start early: don’t leave it until weeks before the wedding, but aim to finalise the agreement well in advance, ideally several months before the big day.
  • Full disclosure: both partners must share an honest, detailed picture of their finances. Attempts to withhold disclosure or inaccurately disclose fundamental information could lead to the agreement not being upheld.
  • Independent legal advice: each person should seek separate legal advice to show they understand and freely agree to the terms.
  • Fairness: the agreement must be reasonable and account for both parties’ needs.

If a prenup appears rushed, one-sided or signed under pressure, it’s far less likely to hold up in court.

Keeping it up to date

Life changes, and so should a prenup. It’s sensible to review it every few years or after major events, like the birth of a child or receiving an inheritance. If needed, updates can be formalised to keep the agreement aligned with the couple’s current situation.

Final thoughts

A prenup won’t remove every risk and courts still have a duty to ensure outcomes are fair. But for many couples, it paves the way to a clear plan, agreed together. 

At its best, a prenup isn’t about expecting divorce – it’s about protecting what matters most, reducing future conflict, and entering marriage with openness and confidence. That’s why, stigma aside, more couples are realising that love and pragmatism can go hand in hand.

Read more articles by Knights.

About Fiona Lazenby

Fiona Lazenby is a partner in the family team at Knights. Working with landowners and farming families to entrepreneurs, lottery winners and football club owners, she specialises in helping to negotiate the property and financial repercussions of relationship breakdown as well as resolving disputes over children’s living arrangements and wellbeing. Her high-net-worth clients have assets into the hundreds of million pounds. With expertise in the treatment of assets held in offshore trusts her clients are supported in both the UK and internationally.

She also advises clients on wealth protection when they decide to marry or cohabit, and prepares pre-nuptial, post-nuptial and cohabitation agreements to safeguard inherited wealth or business value created before marriage.

Seeking the best possible outcome for clients underpins her approach and she has often faced national media on their behalf.

She is also a member of the Law Society Family Advanced Panel in respect of complex assets.

About Knights

Knights is one of the fastest-growing legal services businesses in the UK, delivering high-quality services to more than 10,000 business clients from 26 offices nationwide.

Knights is ranked within the top 50 UK law firms by revenue – with specialists in all key areas of corporate, real estate and commercial law. Its extensive expertise is consistently strengthened through its acquisitions and the recruitment of high-calibre talented professionals.

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Why a Landmark Ruling Strengthens the Case for Pre-Nups
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Why a Landmark Ruling Strengthens the Case for Pre-Nups

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Sponsored post by Jones Myers.

A Supreme Court ruling on whether substantial assets transferred between spouses during marriage should be divided equally on divorce – has reignited the importance of pre-nups. 

The ‘big money case’ saw divorcee Anna Standish lose her legal case to keep almost £80 million which her affluent banker husband had given her in 2017 to put in offshore trusts for their children and to avoid inheritance tax. 

When their marriage fell apart in 2020, the money was still in her name, sparking a bitter, prolonged case which played out in the highest courts in the land.

The outcome is a reminder of the importance of pre-nups for all couples tying the knot, especially for high-net-worth individuals and families involved in estate and inheritance planning. 

Irrespective of a couple’s financial status, a pre-nup helps couples to avoid  the potential distress, acrimony, and expense of disentangling their finances if they split up. 

How to obtain a Pre-nup 

  • To enter into an agreement properly, the couple each need to obtain independent legal advice on the agreement
  • Both must also have disclosed their assets to each other – and the terms of the agreement must produce a result that is fair and reasonable and meets needs
  • The agreement should be negotiated and signed at least 28 days before the wedding. This allows both to obtain advice, have time to consider it, and make an informed decision on signing it

Do courts uphold Pre-nups?

Increasingly courts are upholding pre-nups on divorce if they  are satisfied that the agreement was entered into freely, without undue pressure  and with the benefit of full financial information and independent legal advice.

As the law stands, a court  still needs to approve  the settlement at the point of divorce, ensuring the agreement meets the needs of both parties. If it does not, a different order can be made but this is likely still to take the terms of the Pre-nup into account to some extent.

Are Pre-nups suitable for second marriages? 

Yes. The contracts can  work particularly well for couples marrying for the second time where a husband or wife seeks to retain their own wealth if they separate. They can also protect the interests of children from previous relationships. 

Taking the time to draw up a pre-nup before marriage can avoid financial and emotional heartache in a marriage breakdown. Jones Myers family law specialists are highly experienced in advising on pre-nups and post-nups. 

For queries on any aspect of family law, call Jones Myers at Leeds 0113 246 0055, Harrogate 01423 276104, or York 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5th in the UK’s Best 25 family law blogs and websites to follow in 2025.

Read more articles by Nicki Mitchell.

Read more articles by Jones Myers.

About Nicki Mitchell

With over three decades of experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements. 

A skilled Mediator, Child Inclusive Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk  

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Thinking About A Prenup? Divorce Solicitor Answers Your Most-Googled Questions
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Thinking About A Prenup? Divorce Solicitor Answers Your Most-Googled Questions

Published on
Sophia Yau-Rosher
Sophia Yau-Rosher
Director
Beecham Peacock LLP

The celebrity world is abuzz with yet another high-profile divorce case. Billionaire and former record executive, David Geffen, has filed for divorce from his 32-year-old dancer husband, David Armstrong. The marriage only lasted two years, and despite the 82-year-old being worth a reported $8.7 billion, the couple did not sign a prenup.

Although the majority of us won’t have anywhere near as much wealth to protect, it’s important to protect your future, ensuring that your assets remain protected in the event of a divorce. The first three months of 2024 alone saw 27,908 divorce applications, with 21,662 final orders also granted.

With more and more engaged couples entering into marriage with a realistic viewpoint, prenups are becoming more commonplace than ever. The popularity of prenups has risen by 60% in recent years, with postnup agreements seeing an increase of nearly 185%.

If you – like 31% of couples who now have a prenup – are anxious around the concept of tying your assets to your relationship, you will likely have some questions. Expert divorce solicitor Sophia Yau-Rosher – from Newcastle-based divorce solicitors Beecham Peacock – answers the top ten most-Googled prenup questions per month, helping you stay informed ahead of your marriage.

1. What is a prenup?

“Put simply, a prenup is a legal document that two parties agree to before they marry, or enter a civil partnership,” Yau-Rosher explains.

“The document sets out the financial responsibilities of both parties and allows for the protection of certain assets, including property, investments, inheritance and more in the event of a divorce. It also outlines which party is responsible for specific debts and other financial issues, should the marriage or civil partnership come to an end.

“A prenup can provide protection and offer clarity for both parties in the event of a difficult or contentious divorce.”

2. Can you change a prenup?

“Ahead of your marriage, you can make as many changes to your prenup as you like,” Yau-Rosher assures. “As long as both parties have sought independent legal advice and feel comfortable with the changes, there is no reason why amendments cannot be made to the document before it is signed.

“However, after you are legally married, you cannot change or modify your prenuptial agreement. If your financial or emotional circumstances change during the course of your marriage and the prenup is no longer relevant, you can consider a postnuptial agreement – or postnup – which carries the same kind of legal weighting.”

3. Are prenups legal in the UK?

“Your prenup is not legally binding in either England or Wales. A court will not automatically enforce the terms of your prenup in the event of a divorce. However, a prenup that both parties have freely entered into will likely add weight to any court arrangements.

“If both parties concerned have disclosed their full financial situations and received independent legal advice pertaining to the prenup, the court will usually give considerable legal weight to the agreement during any financial disputes.”

4. What does a prenup do?

“Essentially, a prenup safeguards any assets that you or your partner bring to the marriage, protecting your interests in the event of a divorce. It also deals with the financial impact of any inheritance, dependents – such as current or future children – and any shifts in earning potential.

“Your prenuptial agreement provides you and any children from previous relationships with financial reassurance in the case of divorce,” Yau-Rosher explains. “It is not a sign that either party is unsure about the marriage, but rather a sensible step in future financial planning.”

5. Can you write your own prenup in the UK?

“As prenuptial agreements are not legally binding documents, you can pen your own in the UK. However, in order for the court to take your prenup seriously in the event of a divorce, it needs to be prepared in a specific way.

“I always advise my clients to seek professional legal assistance in drafting their prenup, as DIY agreements often don’t stand up in court,” Yau-Rosher counsels. “This way, you can ensure that the document is put together in a way that will protect and benefit both parties, if it is required in the future.”

6. What cannot be included in a prenup UK?

“There are a number of strict rules regarding what can and cannot be included in a prenuptial agreement in the UK. If these rules are not obeyed, it could lead to your prenup losing all legal weight in court.

“Your prenup should not include any personal or lifestyle issues, references to child support, visitation rights or child custody, or discussion of matters that could be deemed ‘unfair’ for one or both parties. A family law solicitor can help you draft a prenup that adheres to these rules.”

7. How much does a prenup cost?

“The cost of a prenup varies, but the majority of professional solicitors in the UK will charge £2,000–£5,000. The more complex your financial situation and the larger your wealth, the more your prenuptial agreement is likely to cost.” Yau-Rosher explains.

8. How do I get a prenup?

“The first step in securing a prenup is always to seek professional legal advice from a family law specialist. Both parties should seek their own independent legal counsel. You will then be required to provide your chosen solicitor with a full run-down of your current financial situation, along with any information about debts, income and inherited wealth. The solicitor can then draft the document.

“Once both parties are satisfied, the prenuptial agreement can be signed in the presence of the solicitors and independent witnesses. Ideally, the prenup should be signed at least 28 days prior to the signing of your marriage or civil partnership certificate.”

9. Can you cancel a prenup?

“Cancelling a prenup is a complex process, but can be achieved under specific circumstances. For example, if the prenup is deemed unconscionable at the time of signing, due to a lack of legal advice or due to one party being under pressure or duress to sign.

“If you can prove that your partner has committed fraud or deliberately misrepresented their finances, this constitutes another reason for cancellation of the prenup,” Yau-Rosher says. “A prenup may also be deemed invalid if the financial situation of one or both parties has changed significantly, making the original agreement unfair.”

10. What is a postnuptial agreement?

“A postnuptial agreement is very similar to a prenuptial agreement, aside from the fact that it is drafted and signed after the marriage or civil partnership, rather than before.

“You can opt for a postnup instead of a prenup, or mutually agree to replace the original agreement with a postnup if your or your partner’s financial situation changes significantly after you marry or enter into a civil partnership.

“Due process must still be followed and both parties must still seek independent legal advice to ensure that the postnup holds a similar legal weighting to a prenup if required in court.”

“If you are considering entering into a prenuptial or postnuptial agreement, seeking independent legal advice is always the best first step. Communicate your intentions and any concerns with your partner to ensure that you both enter the agreement with shared goals and a realistic outlook when it comes to your finances.”

Read more articles by Beecham Peacock Solicitors.

About Sophia Yau-Rosher

Sophia Yau-Rosher is a Director at Beecham Peacock Solicitors. Beecham Peacock Solicitors are a trusted divorce solicitors based in Newcastle Upon Tyne, and they know how important it is for your divorce settlement to be treated with the utmost respect and care.

They have countless experiences handling intricate divorce proceedings, so they understand that the process needs to be quick, smooth and respectful for both parties involved.

If you are getting a divorce, ending your civil partnership or even just agreeing to the terms of a separation, their talented divorce lawyers will make sure you are supplied with the most current and prudent advice to deal with the money, assets and property belonging to both parties.

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Why Pre-Nups Protect Assets and Peace of Mind

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Pre-nups are in headlines as Jennifer Lopez and Ben Affleck face a messy and complicated divorce amid reports that they tied the knot without one in 2022.

While the assets of the high-profile stars, who are jointly worth $550 million, are a far cry from those of most divorcing couples, pre-nups – which set out how finances will be resolved – continue to be on the rise.

This is because more couples embarking on marriage want to protect themselves and their assets, avoiding the potential distress, acrimony, and expense of disentangling their finances if they break up.

The growing popularity of pre-nups reflects how more couples want to protect their own futures and do ‘the right thing’ by each other – and by any children, whose interests should always come first.

Pre-nups can work particularly well for couples marrying for a second time who often want to make sure they can retain their own wealth in the event of a separation and protect the interests of children from previous relationships.

The agreements can also give reassurance in cases where a wealthier spouse agrees to provide for the other spouse if they separate.

How do you go about getting a pre-nup?

  • To enter into a pre-nuptial agreement properly, the couple each need to obtain independent legal advice on the agreement
  • Both must also have disclosed their assets to each other and the terms of the agreement must produce a result that is fair and reasonable
  • The agreement should be negotiated and signed at least 28 days before the wedding. This allows both to obtain advice, have time to consider it, and make an informed decision on signing it

Do courts uphold pre-nups?

Increasingly courts are upholding pre-nups on divorce as long as they  are satisfied that the agreement was entered into freely, without undue pressure  and with the benefit of full financial information and independent legal advice.

As the law stands, a court  still needs to approve  the settlement at the point of divorce, ensuring the agreement meets the needs of both parties. If it does not, a different order can be made but this is very likely still to take the terms of the pre-nup into account to some extent.

Taking the time to draw up a pre-nup before marriage can avoid financial and emotional heartache in a marriage breakdown.

Highly experienced family lawyers like Jones Myers can advise on pre-nups, post-nups or any aspect of family law.

Read more articles by Nicki Mitchell.

About Nicki Mitchell

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Direct Dial: 01904 202553 or email  Nicki.mitchell@jonesmyers.co.uk  www.jonesmyers.co.uk

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Navigating the Division of Your Property During a Divorce

Published on
Tom Floyd
Tom Floyd
Marketing Director
Webuyanyhouse.co.uk

Divorce is a challenging experience filled with complex emotions and big decisions. Among the many issues to address, you will need to decide the fate of the family home. The family home often holds substantial emotional value, making decisions about its future particularly difficult. By understanding your options and approaching the process with open communication, you can work towards a resolution that best suits both yourself and your ex’s needs. Our guide aims to offer an insight into what to expect from the process, helping you along this challenging journey.

Understanding Your Legal Position

One of the first steps to understand is the legal side of property ownership during a divorce. If you jointly own the property, you will share rights and responsibilities. This includes financial obligations such as mortgage payments and property taxes. However, it also grants you rights to potential profits if the property is sold.

To fully gauge your legal standing and the implications for the property, consulting with a divorce lawyer is strongly recommended. They can provide expert guidance on

  • How will your financial contributions to the property impact its division?
  • How do pre-nuptial agreements influence property ownership? (If relevant)
  • The potential legal consequences of the options available to you.

Understanding your legal rights and entitlements can help you make informed decisions about the future of your family home.

At this point, it’s a good idea to consider other joint financial commitments you may have:

Joint Financial Commitments

Dividing shared finances extends beyond the property. Joint bank accounts require immediate attention. Contact your bank to inform them of the separation and consider setting spending limits to prevent unauthorised withdrawals.

Mortgage and Loan Solutions

Handling a joint mortgage during a divorce requires careful consideration. Several options exist:

  • Refinancing: Both parties can apply for separate mortgages on their new residences.
  • Transferring ownership: One partner can assume sole ownership of the property and refinance the mortgage.
  • Selling the property: If neither partner wishes to retain ownership, selling the property and dividing the proceeds is an option.

We recommend consulting a financial or mortgage advisor to help you find the best option based on your financial circumstances.

Exploring Your Options

Once you’ve clarified your legal position and financial situation, it’s time to consider your options for the family home. The primary choices are to sell or retain the property.

Selling the Family Home

If both of you agree that selling the home is the best course of action, here are some things to consider:

  • Valuation: Accurately assessing the property’s market value will allow you to determine an accurate sale price.
  • Mortgage balance: Comparing the property’s value to the outstanding mortgage will help you understand if you can cover the payments after a sale.
  • Living arrangements: Consider the financial implications of finding new accommodation.
  • Market conditions: Understanding the current housing market can influence the timing of the sale and potential sale price.

Retaining the Property

If one of you wishes to remain in the family home, buying out the other’s share is an option. This involves:

  • Property valuation: Determining the property’s fair market value.
  • Financial arrangements: Agreeing on the purchase price and payment terms.
  • Mortgage refinancing: The remaining partner may need to refinance the mortgage.

It’s important to weigh the pros and cons of each option carefully. Factors such as emotional attachment, financial implications, and long-term plans should be considered. 

Navigating the Property Division Process

Going through a divorce is typically an extremely emotional time, which can be aggravated further if you decide to sell your home. To manage this process more effectively and reduce the emotional impact on yourself, it’s vital that you try to visualise the property as a financial asset rather than an emotional bond.

Here are some strategies to help you handle the situation:

  • Prioritise Practical Considerations: Before starting the process, establish clear agreements on details like the home’s market value and the acceptable sale price. By understanding this from the start, you will reduce running the risk of misunderstandings later on in the process.
  • View the sale as a Step Forward: Selling the property is an opportunity to move on to a new chapter in your life. Allowing the sale to flow can ensure a smoother and quicker transition.
  • Consider Mediation if Needed: Disagreements are common when dealing with a property during a divorce. If they do arise, mediation can be an effective way to resolve any conflict and reach a fair agreement.

 Pricing Strategy

Determining a sale price for your property is critical in ensuring a smooth transaction. To speed up the sale, consider pricing your home slightly below market value to create more interest and attract more buyers. If this approach isn’t yet achieving the desired results and you’re eager to get the property off your hands, reach out to a property professional. They specialise in fast property sales, helping you move forward with your life without the hassle of the open market.

It’s also essential to communicate openly with your ex-partner about your expectations for the sale price. If direct negotiations prove difficult, involving an estate agent can be beneficial. Estate agents can mediate discussions, facilitate negotiations, and help both parties reach a fair agreement, aiming to keep the process as seamless and amicable as possible. 

To Conclude

By adhering to the steps outlined in our guide and maintaining open communication with your ex-partner, you can navigate the process with confidence. Remember, you don’t have to go through this alone. Estate agents and legal representatives are available to support you throughout the entire process, helping to reduce any stress or tension that may come up.

Approaching the situation with respect and care can help you reach a decision that benefits everyone involved.

About Tom Floyd

We Buy Any House have over 16 years of experience in delivering a quick and hassle-free house sale for thousands of customers. They specialise in supporting customers going through difficult life events, such as divorce, by offering a quick and stress-free property sale. Their team of specialised experts will guide you through the process, taking care of all legal aspects so you don’t have to.

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Preparing for Divorce – A Guide to Gathering the Right Paperwork
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Preparing for Divorce – A Guide to Gathering the Right Paperwork

Published on
Chris Sweetman
Chris Sweetman
Editor at The Divorce Magazine
Director at Fair Result

Preparing for a divorce can be an overwhelming process – especially when it comes to gathering the necessary paperwork. This guide will help you understand what documents you need and how to organise them effectively.

By being well-prepared, you can streamline the divorce process and potentially save time and money.

Having all your documents in order also gives you a clearer picture of your situation, which can be invaluable when making important decisions.

Financial Documents

Start by collecting all relevant financial documents. Having a clear picture of your financial situation is crucial for fair asset division and potential spousal maintenance calculations. Also, it’s important to be mindful of hidden assets. These typically include:

  • Bank statements for the past 12 months
  • Credit card statements
  • Mortgage documents or rental agreements
  • Payslips and P60 forms
  • Tax returns for the past three years
  • Pension statements
  • Investment account statements
  • Documentation of any debts or loans

Property and Asset Information

Gather documents related to your property and assets. These documents will help determine the total value of your marital assets for equitable distribution.

  • House deeds or lease agreements
  • Vehicle registration documents
  • Valuations of high-value items (e.g., jewellery, art, antiques)
  • Business ownership documents, if applicable

Personal Identification Documents

Ensure you have copies of essential personal documents. These documents may be required for various legal procedures during the divorce process.

  • Birth certificates for you and any children
  • Marriage certificate
  • Passport
  • Driving licence

Child-Related Documents

If you have children, collect the relevant paperwork. This information will be vital if child arrangements need to be determined as part of the divorce proceedings.

  • School records
  • Medical records
  • Child benefit information
  • Any existing custody or visitation agreements

Other Legal Documents

Gather any existing legal documents that may be relevant. These documents can significantly impact the divorce proceedings and outcomes.

  • Prenuptial or postnuptial agreements
  • Previous court orders or judgments
  • Separation agreements
  • Wills or trusts

Organising Your Paperwork

Once you’ve gathered all the necessary documents, it’s time to organise them effectively. Create a filing system, either physical or digital, that works for you. This might involve using folders, binders, or cloud storage solutions.

Make copies of all important papers. Keep one set for yourself and prepare another for your solicitor.

Store the originals in a secure location, such as a safe deposit box or a locked filing cabinet at home.

Consider using a spreadsheet to track and summarise financial information. This can be particularly helpful for complex financial situations.

Being organised will help you and your solicitor navigate the divorce process more efficiently. It can also reduce stress by giving you a sense of control over the situation.

Final Thoughts

Gathering the right paperwork for your divorce may seem daunting, but it’s a crucial step in ensuring a fair and smooth process. Following this guide and consulting with your solicitor will prepare you to move forward with your divorce proceedings.

Remember, thorough preparation can lead to better outcomes and potentially reduce the stress and duration of the divorce process.

While collecting and organising all these documents may take time and effort – doing so will ultimately serve you well as you navigate this challenging life transition.

If you’re unsure about any aspect of document gathering, don’t hesitate to seek advice from your solicitor. They can provide guidance specific to your situation and ensure you haven’t overlooked any crucial paperwork.

Read more articles by Fair Result.

Read more articles by Chris Sweetman.

About Chris Sweetman

Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.

Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.

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Wedding Season: Do I Need a Pre-Nuptial Agreement?
Photo by James Orr on Unsplash

Wedding Season: Do I Need a Pre-Nuptial Agreement?

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

It’s that time of year when the wedding season is in full swing. Whilst many brides and grooms do, understandably, focus on the main event itself being the big day, an ever-increasing number of couples are also considering the sensible question of whether they need a pre-nuptial agreement.

Whilst it may seem unromantic, or even pessimistic to enter into a pre-nuptial agreement, couples are frequently becoming more aware of the effect their nuptials could have on their financial future.

A pre-nuptial agreement is a Contract entered into between two parties before they marry.  It records the ownership of assets, and details what will happen to those assets should be the marriage break down.

In the past, pre-nuptial agreements were considered to be reserved for exclusive use of wealthy individuals and celebrities. However, they are becoming more commonplace, and some would say they are a sensible way of starting out in marriage with a shared intention of trust and openness. In fact, the Marriage Foundation conducted a survey in the Summer of August 2021 which found that one in five couples who married since 2000 had some form of pre-nuptial agreement in place.

The law in relation to married couples is different to couples who cohabit.  Cohabitants who separate simply retain their own separate property. Once married, assets you formerly owned before marriage may, in certain circumstances, become what is known as a “matrimonial asset”.  This means that if the marriage ends, those assets could be within the “matrimonial pot” and shared.  A pre-nuptial agreement allows for each party to ‘ring-fence’ certain assets to protect them from this scenario. This is often especially significant if either of the parties has children from a previous relationship.

Pre-nuptial agreements are considered by the Court as one of the circumstances of the case in the event of later divorce and the Court will decide what weight to attach to the Agreement. In doing so the court would look at the circumstances in which it was made.  There are certain criteria that must be met to ensure that a pre-nuptial agreement can have the best possible chance of being upheld, and therefore it is important to seek specialist legal advice on the subject.

It is also possible to enter into a pre-nuptial agreement after marriage, and in this scenario the name of the agreement is a “post-nuptial agreement”. A post-nuptial agreement will be considered by the court in the same way as a pre-nuptial agreement provided that it meets the same criteria.

This article is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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Christmas Proposal

Are you Thinking of a Christmas Proposal? What is a Prenuptial Agreement?

Published on
Daniel Rushton
Head of Family Law
Grindeys Solicitors

Maybe you should also be thinking about a pre-nup! This agreement, formally known as a pre-nuptial agreement or pre-civil agreement, has been popular for years with the rich and famous.

However, there is now a growing realisation that they can also be useful to couples with more modest means who are keen to protect their interests before marrying or entering a civil partnership.

In this article we outline the key points to consider if you are thinking about suggesting a pre-nup to your partner, or, if as a parent, you believe it is something your son or daughter should consider.

Who needs one?

The most common reason for a pre-nup is that one partner may be entering into the marriage or civil partnership significantly more wealthy than the other and they, and their family, may be keen to protect their existing financial position.

This is particularly important where personal wealth is tied into a family business.

Couples who have been married before may have assets from their previous relationship that they might wish to preserve, such as the sale proceeds from the former matrimonial home, for the benefit of them or their children.

Both scenarios may benefit from a pre-nup. Before deciding whether a pre-nup is right for you, you need to think carefully about what it is you are seeking to protect.

Is there a good way to raise the subject of a pre-nup?

We have to agree that raising the issue of a pre-nup isn’t always easy. Let’s face it it’s not the most romantic proposition.

There is no legal right to insist that your partner agrees to enter a pre-nup so maybe honesty is the best policy; nobody knows what the future holds and while everyone hopes that their relationship will stand the test of time, there is never any guarantee.

Talk to a family law solicitor. They will be able to advise you about ways to approach the subject with your partner.

Your solicitor may advise you to raise the subject as part of a general discussion about the implications your marriage or civil partnership will have on your financial arrangements.

This could involve discussing the need to update your wills and to think about the ownership of the property you will live in. If your partner can see the need to think about the financial consequences of your relationship then it should not come as such a big surprise if, as part of a general discussion, you raise the possibility of a pre-nup.

The same applies if you are a parent and wish to raise the subject with your child – if you can persuade them of the need to consider the financial impact their marriage or civil partnership will have on the family more widely you stand a better chance of being able to persuade them to consider how a pre-nup might help.

How do we agree the terms of the pre-nup?

One option is to meet with a mediator or collaborative lawyer who can assist you in negotiating the terms.

Another way is to sit down with your partner, or your child and their partner, and agree things between you; however, this can be difficult, particularly if you are the wealthier party.

In either case, you will need legal advice and help with recording the terms in a formal written agreement.

Is a pre-nup legally binding?

The courts in England and Wales will take the terms of a pre-nup into account when deciding how assets should be divided-up following divorce or dissolution of a civil partnership. However, this is subject to certain criteria being met:

    • The pre-nup must be a valid contract entered into freely by both partners – if there is evidence that one partner was pressurised into making the pre-nup, it will be void.
    • The agreed terms must be recorded in a formal document, known as a ‘deed,’ and must contain a statement signed by both partners confirming they understand the agreement is a ‘qualifying nuptial agreement’ which will prevent the court deciding financial arrangements if they divorce or dissolve their civil partnership, unless the agreement they have reached leaves either of them without provision for their financial needs.
    • The agreement must have been made at least 28 days before the wedding or civil partnership took place.
    • At the time the agreement was made, both partners must have received full details about their partner’s financial situation.
    • Both partners must have received legal advice at the time the agreement was made.

    Even if the agreement meets the above criteria, before relying on its terms the court will also consider:

    • the length of the marriage or civil partnership;
    • whether there are any dependent children of the marriage or civil partnership; and
    • the current financial situation of both partners.

Pre-nups made by couples who choose to divorce or dissolve their civil partnership after only a few years together, or at a time when there are no dependent children, are more likely to be upheld by the court than those made by couples who have gone on to have a long marriage or civil partnership or who do have dependent children.

Pre-nups can be a very useful way of protecting your financial position prior to marrying or entering a civil partnership, but you need to think about the terms carefully and take legal advice to ensure that you comply with all the necessary requirements.

They are likely to be particularly persuasive in short marriages and those where there are no dependent children.

Whatever your decision – Good Luck!

If you are thinking of popping the question this Christmas then may we wish you the best of luck and a long and prosperous future together.

More articles by Daniel Rushton

ABOUT DANIEL RUSHTON

Daniel has over 20 years’ experience as a specialist family law solicitor. He is Head of the Family Law team at Grindeys Solicitors based in Stoke on Trent.

Daniel has a particular interest and experience in dealing with business owners, company directors and members of the medical profession in matrimonial situations. For this type of work a solicitor who understands your business accounts and business structure is vital to obtain the best financial settlement possible.

Recent cases include one involving an international business and extremely valuable assets and pensions, as well as property abroad.

He has acted for numerous doctors and other medical professionals, council workers, police officers and serving members of the armed services. In twenty-three years, Daniel has dealt with all walks of life and will adopt a professional yet caring approach to your situation.

Email: daniel.rushton@grindeys.com

 

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Prenuptial Agreements: The Tabloids vs Reality

Published on
Katie McCann
Katie McCann
Head of Family Law and in-house counsel at Kuits Solicitors

‘Judges say they will ignore pre-nups unless couple are rich,’ reads a recent tabloid headline, before stating that the majority of spouses who sign prenuptial agreements are wasting their time, since only the very wealthy can expect their wishes to be honoured.

Here, Kuits’ family team explain why, whilst the above article has a grabbing title, those who have entered into such agreements – and may now be concerned that they have done so without good reason – should not be worried.

Going Beyond the Headlines

The guidance in question comes in the form of a leaflet that was put together by the Family Justice Council, entitled ‘Sorting out Finances on Divorce 2016’ .

The guide seeks to help Litigants in Person, who will no doubt find the prospect of negotiating an agreement without legal advice extremely daunting.

This point itself is extremely important: the guidance is aimed at those who cannot afford lawyers upon divorce and who will, in the majority of circumstances, not have many assets between them to consider upon separation.

“In such scenarios,” says Katie McCann, Head of Family for Kuits, “it is and always has been the case that the couple’s needs will be the priority, and no family lawyer in the country would advise otherwise.”

She goes on: “The article states that only the very wealthy can expect their pre-nup wishes to be honoured. Of course, no such blanket statement is actually made within the legal guidance and the leaflet’s reference to the fact that pre-nups are often irrelevant correlates to the fact that they are not suited to low net-worth individuals, for whom the guidance has been written for. There is of course, a large group of individuals sitting between such people and the ‘mega wealthy’, many of whom could benefit from having a prenuptial agreement.”

“Another ‘conclusive’ statement contained within the article is that the only case a pre-nup might be of use to an ordinary couple is when a spouse hopes to keep a specific item of personal or sentimental value, such as a family heirloom, pet or vehicle.

Again, there is no such absolutism contained within the guidance that actually states that a couple who would not have any surplus cash left over in the event they divorce might want to use a pre-nup instead to protect a specific item, rather than have it determine the division of all of their assets.”

Prenuptial Agreements UK – Looking at the Facts

Under current UK family law, prenuptial agreements are not, and never have been, legally binding contracts.

prenuptial agreementsInstead, they are used to set out how a couple would ideally like their assets and liabilities to be divided in the event of a divorce and, if entered into correctly – i.e. they are fair, there has been no duress and there has been parity of advice – the courts will likely consider them to be a factor when deliberating the divorce settlement as a whole.

Whilst there have been suggestions by the Law Commission to transfer prenuptial agreements into binding agreements, this has not yet come to fruition and no legal guidance has suggested otherwise.

Both the article and the guidance do correctly point out that the main factor when dealing with the division of assets post-divorce is the needs of both parties.

This will be true for couples with or without a prenuptial agreement, and for couples with or without wealth. A prenuptial agreement will always be disregarded if its contents do not enable both parties’ needs to be accommodated, and this will be true even if the couple in question are extremely wealthy.

The Family Justice Council’s guidelines are an extremely useful tool for divorcing couples who cannot afford legal advice. The advice contained in the guidance has been written to cater for a specific audience and this should be remembered when reading it.

The law surrounding prenuptial agreements has not changed and remains firmly in place.

Couples who have entered into prenuptial agreements will hopefully have done so with legal advice and will have been educated to the fact that they are not currently legally binding, but will serve as a strong indication for the judge if the appropriate steps have been taken.

Katie McCann is head of family law and in-house counsel at Kuits Solicitors in Manchester City Centre. She has a special interest in resolving high value relationship breakdown disputes.

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Prenups – Seven Pertinent Questions to Pop

Published on
Peter Jones Partner Jones Myers
Peter Jones
Partner
Jones Myers

As the euphoric flurry of Valentine’s Day proposals starts to diminish, engaged couples would be wise to consider taking out pre-nups – particularly if they have tied the knot before.

The importance of planning such agreements is also timely following a recent survey which revealed that one in ten married Brits regret not insisting that their husband or wife signed a pre-nuptial agreement.

It may seem unromantic, but a frank talk about financial provisions before tying the knot could help prevent heartbreak in the long term.

Disagreements about money are one of the major causes of bitterness, uncertainty, anxiety and cost arising from marital breakdown marital breakdown. It is far better to have agreed how to split your assets and to have drawn up a prenuptial agreement before you say ‘I do’.

Prenups are on the increase, and are particularly popular with couples marrying for a second time. Here are answers to seven of the most commonly asked questions:

I’m not super rich – is a prenup right for me?

While it’s true that pre-nuptial agreements were once regarded as the preserve of the wealthy, people with more modest incomes are increasingly seeking advice because they understand the benefits of setting one in place.

If you want to ensure that your finances, house and other assets are shared fairly on divorce then a prenup is for you.

prenupsWhy do people opt for a prenup?

For all kinds of reasons. They may be marrying for a second time and want to preserve certain assets for their children from previous relationships. They may likewise want to ensure that children from this second marriage will be treated fairly if the relationship breaks down.

Some people seek to protect inherited wealth or savings built up before the marriage.

Does a premarital agreement mean I can hide money from my fiancée?

It must be stressed that trying to hide assets is never acceptable. All engaged people should have full and frank discussions with their partners about finances before they sign a pre-nuptial arrangement.

Prenups can help protect every asset you own – you can also ring fence as much or as little as you like. If you haven’t been open and transparent when you signed the agreement, then a court could throw it out should you and your partner divorce.

Are prenups legally binding?

They are not currently legally binding in England and Wales, although the law may change. However, a carefully thought through agreement, drawn up with independent advice, is quite likely to be upheld by a court. Prenups are also more likely to be accepted by a divorce judge if they were agreed well in advance of a marriage – and if there is no implication that one party was coerced into signing.

I’m remarrying and my fiancée and I both have children – do we need a premarital arrangement?

Most definitely. The hope is that you and your partner have a long and lasting marriage, however when you both have children it would be sensible to ensure that they are provided for if you do divorce.

Failure to do this could result in your children from your first marriage receiving nothing. This is because your assets could automatically default to your most recent wife and to any children you have together. As your fiancée has children too, it is most certainly in their interests to draw up a prenup.

When should I draw up such an arrangement?

The sooner the better – and at least 21 days before the wedding if you want to ensure that the prenup is as watertight as possible. The difficulties encountered with pre-nup agreements are that judges remain concerned when the agreements are signed under pressure. There is little time to reflect or be confident about the terms and judges may ignore or vary them.

How do I find out more?

You should contact a collaborative law firm – have a look at Resolution for lawyers in your area.

Your lawyer will encourage you and your partner to look at your finances and to consider how your married lives might pan out – for example, if you have children and one of you gives up work. Good planning and being well informed are key to a robust prenup.

 

Peter Jones is one of the country’s leading and most sought-after divorce and family lawyers, and one of only four qualified arbitrators in Yorkshire.

A former Deputy District Judge for 15 years, he set up the first niche family law firm in the north of England in 1992 – Jones Myers – and has acted for a string of high-profile clients.

Renowned for his sympathetic approach, he is a former national chairman of Resolution (formerly the Solicitors Family Law Association) – an organisation of over 6,500 family lawyers who are committed to the constructive resolution of family disputes.

Leeds and Essex based Jones Myers, consistently top-rated Yorkshire family law firm by Chambers and the Legal 500 Legal Guides, has been one of the pioneers of collaborative family law – known as the ‘pain-free way to divorce’ – which advocates a more amicable, and often speedier, route to divorce, without resorting to the courts.

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How, Why and What is a Prenup?

Published on
Katie McCann
Katie McCann
Head of Family Law and in-house counsel at Kuits Solicitors

When anyone gets married, they truly hope it will last forever; however unfortunately this isn’t always the case.

With 42% of marriages in the UK now ending in divorce, people are extremely keen to take a sensible approach by planning what should happen if their marriage does break down.

Once viewed as an extremely American concept, prenuptial agreements are now becoming a very popular way for couples in the UK to plan for the ‘worst case scenario’.

But what exactly are pre-nups? And are they even legal in the UK? Katie McCann, Head of Family at Kuits Solicitors, answers some important questions which surround this potentially complex area of law.

What is a prenuptial agreement?

A pre-nuptial agreement is an agreement created by a couple before they get married. It sets out what will happen to any assets should their marriage break down.

Why have a prenuptial agreement?

There are several reasons a couple may want to enter into a prenuptial agreement. One spouse may have family wealth requiring protection so that it is ring-fenced and will not form part of a matrimonial claim upon divorce. Even when there isn’t exceptional wealth, couples may prefer to ensure that they are on the same page by having an agreement that clarifies exactly what should happen if they divorce.

The significant benefit of a prenuptial agreement is that things can be agreed in a calm and equitable manner, as opposed to when the relationship has broken down and acrimonious feelings may cause either spouse to act without rationale.

Are they legally binding?

In the UK, prenuptial agreements are not automatically legally binding. However, recent case law seems to suggest that the courts will uphold agreements that have been entered into fairly. There have also been proposals put forward by the Law Commission that state that they should be given legal status.

Who decides on the contents of a prenuptial agreement?

The contents of a prenuptial agreement must be agreed by both parties. Although suggestions may be made by each spouse, both must feel comfortable with the agreement. If they are not, or if the court finds that either spouse was bullied or signed the agreement under duress, then the agreement will not be valid. A prenuptial agreement should therefore not be used to disadvantage one spouse, but rather it should set out a reasonable and equitable agreement.

What should go into a prenuptial agreement?

It may actually be beneficial to first consider what should not go into a prenuptial agreement, so as to avoid the court refusing to uphold certain clauses or, worse, concluding that one clause should invalidate the entire agreement. In order to avoid this, the prenuptial agreement ordinarily would not deal with anything to do with personal issues and instead would focus only on finances.

Child arrangements would rarely be included, as the court cannot guarantee to uphold such clauses on a public policy basis, given the ever changing and unpredictable needs of children as they grow up.

Whilst the contents of a prenuptial agreement will be totally subjective to the couple entering into the marriage, there are common things that are often included. These are:

  • how property should be divided upon divorce,
  • whether any property should be considered separate and therefore ring-fenced, and why
  • who should take responsibility for any debts
  • how inheritance should be dealt with
What is a prenup
What should go into a prenup? Property for one.

The recordings contained within a prenup are just as important as the actual agreements contained within. As an example, it is definitely worth recording that both parties intend for the prenuptial agreement to be binding, and that they both believe the contents of it to be fair.

It is also worth stating that the agreement has been entered into without duress or undue influence and that neither party rushed into signing it.

A recording should be included to state that both parties have taken independent legal advice, and that full and frank financial disclosure has taken place.

A recording should also be included to state that, in the event one clause is disputed, this should not invalidate the whole agreement.

It is not unusual to state that, in the event of divorce, if the prenuptial agreement is contested, the couple should attend mediation at first instance instead of petitioning at court.

Can prenuptial agreements be contested?

There are several reasons why a prenuptial agreement may be contested or found to be invalid. If both parties did not obtain legal advice, or if there was disparity of advice, this may result in one of the parties being prejudiced.

A prenuptial agreement will be contested if one of the parties feel that they had been forced to sign it. This problem commonly occurs when one spouse is presented with an agreement on the eve of the wedding and signs it under duress.

As a rule of thumb, prenuptial agreements should be signed at least 4 weeks in advance of the wedding. Both parties also have a duty to disclose all of their assets before entering into the agreement. It must be the case that each party knows what they are effectively losing or gaining claims over from the start.

What if I’m already married?

Couples that have already married may become aware of the benefits of having a prenuptial agreement and regret not having created one ahead of their wedding. In this case, they will be able to enter into a postnuptial agreement instead.

Postnuptial agreements operate in a similar way to prenuptial agreements; however, as their name suggests, they are entered into once the marriage has occurred. Like prenuptial agreements, they are not 100% legally binding; however, they are likely to be upheld by a court if they are entered into fairly.

Katie McCann is head of family law and in-house counsel at Kuits Solicitors in Manchester City Centre. She has a special interest in resolving high value relationship breakdown disputes.

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