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Toby Yerburgh
Partner - Head of Family Law
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Nuptial agreements FAQs
Nuptial agreements are put in place to provide security, clarity and certainty in the future for both parties. You may be looking to safeguard inheritance or future inheritance, own a business you would like to retain control over, or want to ensure certain assets go to children from a previous relationship. If you are considering entering into either kind of nuptial agreement, we advise you to seek guidance from one of our specialist Family lawyers.
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What is a prenuptial agreement?
A prenuptial agreement or ‘prenup’ is a legal document drawn up between two people before they get married. It sets out the division of assets, property, income and debts in the event of a breakdown of the marriage.
What is a postnuptial agreement?
A postnup is a contract entered into after marriage or civil partnership, outlining the financial terms of a separation or divorce. It can cover any number of areas depending on what the couple agrees to include, such as property ownership and division, inheritance rights, spousal support payments, debt responsibilities and asset division.
What is the difference between a pre and post nuptial agreement?
A prenuptial agreement is put in place before you get married or form a civil partnership and a postnuptial agreement is established after.
Why should I consider getting a pre or post nup?
Nuptial agreements are put in place to provide security, clarity and certainty in the future for both parties. You may be looking to safeguard inheritance or future inheritance, own a business you would like to retain control over, or want to ensure certain assets go to children from a previous relationship. If you are considering entering into either kind of nuptial agreement, we advise you to seek guidance from one of our specialist Family lawyers.
Should I use the same lawyer as my partner for the nuptial agreement?
No, it is strongly recommended that you receive your own legal advice from an independent solicitor to ensure that the advice you are provided with is in your best interest. This also avoids any claims of conflict of interest.
What assets are included in a nuptial agreement?
The most common assets included in a UK nuptial agreement are savings, pensions, income, property, businesses, shares, and inheritance. The agreements can also be used to ringfence any expected future income, for example if one of you has started a business which you expect to be highly valued after a number of years. It is crucial that there is full financial disclosure from both parties when the agreement is initially discussed.
How long does a prenuptial agreement last?
A prenuptial agreement will last for the duration of your marriage or civil partnership. If you are unhappy with any aspect of the agreement as your partnership progresses, it is important that you seek early legal advice. If you have reached a point at which you are thinking about separation or divorce, consulting with a family lawyer early will help provide you with clarity around the next steps.
Will a nuptial agreement protect my inheritance?
Alongside protecting your current assets, a nuptial agreement will help protect any assets you are likely to receive in the future, for example if you are going to inherit a family home or business. If you are looking to protect inheritance for your future children, our Family lawyers can work collaboratively with our Trusts, tax & estate planning team to ensure that trusts are set up in their name.
If I have a prenup, do I need to review it once we are married or in a civil partnership?
A prenuptial agreement needs to be understood and agreed by both parties before the marriage or civil partnership takes place. If there have been significant changes in your life and you want to review your assets and spousal ownership, you should consider entering into a postnuptial agreement.
At what point in my marriage or civil partnership should I consider getting a postnuptial agreement?
There is often negativity in the press around postnuptial agreements being solely for couples experiencing difficulties in their marriage. This is most certainly not always the case. Many couples who have decided to get a postnup have had a change in circumstances and therefore decided to review their financial affairs with the support of a lawyer.
I am relocating to the UK. Shall I consider a postnuptial agreement to make sure my assets are protected?
If you are moving to the UK and want to ensure your assets are safeguarded should you end up filing for divorce in England or Wales, we would recommend considering a postnuptial agreement. Depending on which jurisdiction the marriage or civil partnership took place in, a divorce in England may be more advantageous for you. Additionally, if you already have a prenuptial agreement in place from the country in which you were married, it may not be legally binding in England and Wales.
How much will a nuptial agreement cost?
As part of our CB Clarity Nuptial Service, we offer an initial introductory meeting for £500 + VAT. There will then be further legal costs which can be discussed as part of this initial consultation.
Answer questions online and receive free, instant and personalised information about your situation.
Quick glance: publications
Nuptial agreements FAQs Publications
CB Clarity:prenups & postnups - prenups & postnups
Learn more about the CB Clarity prenuptial and postnuptial agreement process, the benefits of having a nuptial agreement in place, and how to arrange an initial consultation.
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Nuptial agreements FAQs key contacts
- toby.yerburgh@collyerbristow.comToby
YerburghPartner - Head of Family Law
Talk to Toby about Family & divorce
Nuptial agreements FAQs
Nuptial agreements FAQs
Nuptial agreements are put in place to provide security, clarity and certainty in the future for both parties. You may be looking to safeguard inheritance or future inheritance, own a business you would like to retain control over, or want to ensure certain assets go to children from a previous relationship. If you are considering entering into either kind of nuptial agreement, we advise you to seek guidance from one of our specialist Family lawyers.
Key contact
Toby Yerburgh
Partner - Head of Family Law
The Team
Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.
Find out where you stand
Answer questions online and receive free, instant and personalised information about your situation.
Does your Will need updating?
With 10 simple questions, discover whether you need to update your Will in order to protect your wishes.
What is a prenuptial agreement?
A prenuptial agreement or ‘prenup’ is a legal document drawn up between two people before they get married. It sets out the division of assets, property, income and debts in the event of a breakdown of the marriage.
What is a postnuptial agreement?
A postnup is a contract entered into after marriage or civil partnership, outlining the financial terms of a separation or divorce. It can cover any number of areas depending on what the couple agrees to include, such as property ownership and division, inheritance rights, spousal support payments, debt responsibilities and asset division.
What is the difference between a pre and post nuptial agreement?
A prenuptial agreement is put in place before you get married or form a civil partnership and a postnuptial agreement is established after.
Why should I consider getting a pre or post nup?
Nuptial agreements are put in place to provide security, clarity and certainty in the future for both parties. You may be looking to safeguard inheritance or future inheritance, own a business you would like to retain control over, or want to ensure certain assets go to children from a previous relationship. If you are considering entering into either kind of nuptial agreement, we advise you to seek guidance from one of our specialist Family lawyers.
Should I use the same lawyer as my partner for the nuptial agreement?
No, it is strongly recommended that you receive your own legal advice from an independent solicitor to ensure that the advice you are provided with is in your best interest. This also avoids any claims of conflict of interest.
What assets are included in a nuptial agreement?
The most common assets included in a UK nuptial agreement are savings, pensions, income, property, businesses, shares, and inheritance. The agreements can also be used to ringfence any expected future income, for example if one of you has started a business which you expect to be highly valued after a number of years. It is crucial that there is full financial disclosure from both parties when the agreement is initially discussed.
How long does a prenuptial agreement last?
A prenuptial agreement will last for the duration of your marriage or civil partnership. If you are unhappy with any aspect of the agreement as your partnership progresses, it is important that you seek early legal advice. If you have reached a point at which you are thinking about separation or divorce, consulting with a family lawyer early will help provide you with clarity around the next steps.
Will a nuptial agreement protect my inheritance?
Alongside protecting your current assets, a nuptial agreement will help protect any assets you are likely to receive in the future, for example if you are going to inherit a family home or business. If you are looking to protect inheritance for your future children, our Family lawyers can work collaboratively with our Trusts, tax & estate planning team to ensure that trusts are set up in their name.
If I have a prenup, do I need to review it once we are married or in a civil partnership?
A prenuptial agreement needs to be understood and agreed by both parties before the marriage or civil partnership takes place. If there have been significant changes in your life and you want to review your assets and spousal ownership, you should consider entering into a postnuptial agreement.
At what point in my marriage or civil partnership should I consider getting a postnuptial agreement?
There is often negativity in the press around postnuptial agreements being solely for couples experiencing difficulties in their marriage. This is most certainly not always the case. Many couples who have decided to get a postnup have had a change in circumstances and therefore decided to review their financial affairs with the support of a lawyer.
I am relocating to the UK. Shall I consider a postnuptial agreement to make sure my assets are protected?
If you are moving to the UK and want to ensure your assets are safeguarded should you end up filing for divorce in England or Wales, we would recommend considering a postnuptial agreement. Depending on which jurisdiction the marriage or civil partnership took place in, a divorce in England may be more advantageous for you. Additionally, if you already have a prenuptial agreement in place from the country in which you were married, it may not be legally binding in England and Wales.
How much will a nuptial agreement cost?
As part of our CB Clarity Nuptial Service, we offer an initial introductory meeting for £500 + VAT. There will then be further legal costs which can be discussed as part of this initial consultation.
Toby YerburghPartner - Head of Family Law
View Toby Yerburgh's profileBuffy Wood (née Meyrick)Associate
View Buffy Wood (née Meyrick)'s profileChristina PippasAssociate
View Christina Pippas's profileLaura Burrows (née Plumbly)Associate
View Laura Burrows (née Plumbly)'s profileMichael DrakeConsultant
View Michael Drake's profilePhilippa DolanPartner
View Philippa Dolan's profileSonabella HarjiAssociate
View Sonabella Harji's profileTanya RobertsPartner
View Tanya Roberts's profileAnswer questions online and receive free, instant and personalised information about your situation.
Nuptial agreements FAQs Publications
Nuptial agreements FAQs insights
Shorter Reads
Latest divorce statistics provide another reason for non-court dispute resolutionLatest divorce statistics provide another reason for non-court dispute resolution
Read more
Longer Reads
Is allowing the press into the family court really in the name of transparency, or just titillation?Is allowing the press into the family court really in the name of transparency, or just titillation?
Read more
Shorter Reads
What to expect in the private family law sector in 2023?What to expect in the private family law sector in 2023?
Read more
Longer Reads
Renegotiating ex-spousal maintenance support amid cost of living crisisRenegotiating ex-spousal maintenance support amid cost of living crisis
Read more
Shorter Reads
Parental Responsibility & relocating children following divorceParental Responsibility & relocating children following divorce
Read more
Shorter Reads
Property Tycoon jailed after refusal to grant Jewish Religious divorceProperty Tycoon jailed after refusal to grant Jewish Religious divorce
Read more
Shorter Reads
No Fault DivorceNo Fault Divorce
Read more
Shorter Reads
“I’m taking the dog” – Pets and divorce in the UK“I’m taking the dog” – Pets and divorce in the UK
Read more
Shorter Reads
Mediating contact arrangements – Is it for you?Mediating contact arrangements – Is it for you?
Read more
Shorter Reads
Cohabitee crisis – a long and winding roadCohabitee crisis – a long and winding road
Read more
Shorter Reads
Family lawyers raise concerns about new transparency proposalsFamily lawyers raise concerns about new transparency proposals
Read more
Longer Reads
Growth journey’s end – When billionaires divorceGrowth journey’s end – When billionaires divorce
Read more
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