Pre-nuptial and
post-nuptial agreements

At Napthens we’re finding it increasingly common for couples to safeguard their assets against a future claim in divorce or dissolution proceedings, with a pre-nuptial or post-nuptial agreement. They are designed to afford protection and peace of mind about personal financial arrangements and help avoid lengthy, costly and distressing litigation if a relationship breaks down.

Here’s brief description of what they are:

• Pre-nuptial agreements: written agreements entered into by a couple before their marriage or civil partnership
• Post-nuptial agreements: written agreements entered into by a couple after their marriage or civil partnership has taken place

Watch our podcast on pre-nuptial and post-nuptial agreements

How Napthens can help

The team at Napthens will engage with a client directly to understand the unique set of circumstances, to ensure we are best placed to provide the most suitable advice.

We will work with you to:

• consider the likely approach of the court in subsequent divorce or dissolution proceedings and the matters the court will take account of
• consider whether there are any special circumstances to a matter which need to be taken account of
• discuss all options to ascertain which avenues are relevant to each set of circumstances, given what is wanted to achieve
• discuss the financial information that you will need to provide
• discuss what should be included in a pre-nuptial or post-nuptial agreement and whether it would be appropriate for the agreement to be reviewed in the future to deal with any change in circumstances
• draft an agreement that will need to be reviewed by your partner’s solicitor
• review an agreement that has been prepared by your partner’s solicitor
• explain the current status of the law and advise how best to ensure that a pre-nuptial or post-nuptial agreement is likely to be upheld by the court
• keep clients appraised as to costs
• negotiate the agreement in a proactive and non-confrontational way and will keep clients fully up-to-date about progress