Agreements

Agreements

A family law agreement is a way to safeguard your assets and interests. Whether married, separated, or living together, an agreement can help you plan and avoid potential conflicts.

Arrange a free initial assessment, and let us advise you.

Prenuptial Agreements

A prenuptial agreement, commonly called a prenup, is a legal contract between two individuals before marriage. This agreement outlines the division of property and other assets if the marriage were to dissolve.

While commonly perceived as a tool for wealthy individuals to safeguard their assets in marriages with financially unequal partners, the purpose of a prenuptial agreement extends beyond this. It can also serve as a foundation for transparency and honesty in a marriage.

Particularly, when structured to guarantee financial security for both parties in the case of a divorce, a prenuptial agreement can facilitate a smoother transition for each individual into their post-marriage life.

A prenuptial agreement can give you peace of mind and reduce the potential for conflict or litigation in the event of a divorce. It can also help you preserve your assets and protect your family’s interests. However, a prenuptial agreement is not automatically legally binding in the UK, and the court has the final say on whether to uphold it or not. Therefore, seeking legal advice from a specialist family solicitor is essential before entering a prenuptial agreement.

At Axis Solicitors, we have extensive experience drafting and reviewing prenuptial agreements for clients from different backgrounds and situations. Furthermore, we can help you create a bespoke deal that suits your needs and expectations and meets the legal requirements for validity and enforceability. 

Post-nuptial Agreements

A post-nuptial agreement is a financial arrangement made after entering into a marriage or civil partnership. It outlines the financial terms for separation, divorce, or dissolution scenarios. These agreements are often known as post-civil partnership agreements or “post-cips” for civil partnerships.

Post-nuptial agreements are very challenging to contest when adequately drafted. They often hold more weight than prenuptial agreements since they are made without the immediate pressure of an upcoming wedding.

Clients may opt for a postnup to reinforce a prenup, especially if doubts arise about its strength (e.g. if it was signed shortly before the wedding). A postnup is also valuable when circumstances change after the prenup is signed, such as receiving an unexpected inheritance or undergoing a career shift. Additionally, couples facing relationship challenges may use a postnup to continue their marriage with financial security and clarity.

However, like a prenuptial agreement, the court can override or modify it if it considers it unfair or unreasonable. Therefore, it is essential to seek legal advice from a qualified family solicitor before you make a post-nuptial agreement.

Our team has the knowledge to help you draft and review post-nuptial agreements that reflect your current situation and plans. We can help you negotiate and agree on the terms of your agreement with your spouse and ensure that it complies with the legal criteria for validity and enforceability. 

Separation Agreements

A separation agreement is a legal document you and your spouse sign when you decide to live apart, not divorce. It can outline how you will deal with various issues during your separation, such as finances, property, children, and divorce proceedings. A separation agreement can help you formalise your arrangements and avoid misunderstandings or disputes. It can also indicate your separation date and duration, which may be relevant for divorce or tax purposes.

For married individuals, a separation agreement, also called a separation deed, can clarify the living arrangements during divorce proceedings. This document grants both parties protection and stability during an otherwise unstable period.

This agreement is also suitable for:

• Civil partners anticipating partnership dissolution.
• Unmarried couples sharing properties and assets, possibly with children.
• Couples who live apart while remaining married or in a civil partnership can benefit from a separation agreement.

Likewise, it is necessary to understand that separation agreements, unlike commercial contracts, are not legally binding in the same way. A judge could modify the arrangements. However, if the agreement is legally sound, it is improbable that a judge would alter it in a court order. Although separation agreements are not officially binding, courts typically respect these agreements in case of disputes. Hence, having a properly drafted separation agreement offers adequate protection for many.

While it can allow you to settle your affairs amicably without involving the court, the court may still intervene and make orders on matters not covered or agreed upon within your separation agreement. Therefore, seeking legal advice from a professional family solicitor is indispensable before you sign a separation agreement.

The solicitors at Axis Solicitors have the qualifications to help you draft and review separation agreements that satisfy your needs and preferences. Moreover, we can help you communicate and cooperate with your spouse to reach a reasonable agreement. Additionally, your assigned solicitor can advise you on how it may affect your legal position and options in the future.

Prenuptial Agreements

A prenuptial agreement, often termed a ‘prenup’, is a formal legal arrangement couples enter before marriage. This document outlines the agreed terms for the distribution of property and assets should the marriage, unfortunately, come to an end.

At Axis Solicitors, we understand that while discussing separation may not be a priority for engaged couples, considering a prenuptial agreement can be an essential step in marriage preparation. This agreement safeguards against potential financial uncertainties and ensures equitable treatment if the marriage ends.

Currently, around 50% of marriages end in divorce, a figure that rises further for second or third marriages. Hence, prenuptial agreements are becoming increasingly relevant for many couples. Prenuptial agreements apply to couples entering marriages or Civil Partnerships (termed pre-Civil Partnership agreements in the latter scenario).

A prenuptial agreement protects pre-marriage assets such as property, financial holdings, or pensions if the marriage or Civil Partnership dissolves prematurely or ends in divorce.

Prenuptial agreements may be crucial for individuals with children from previous relationships to secure the children’s future inheritance rights.

Prenuptial Agreements:

• Both parties must sign the agreement willingly and without pressure for legal recognition.
• Independent legal counsel is recommended for both parties to understand their rights under the Matrimonial Causes Act 1973.
• The agreement should be balanced to protect both parties and include provisions for any children involved.
• Full disclosure of assets and property values by both parties is essential for the agreement’s efficacy in potential future divorce proceedings.
• Typically, signing a prenuptial agreement occurs a few weeks to a month before the marriage.

Contrary to the popular belief that the affluent solely utilise prenups to safeguard their wealth in asymmetrical financial marriages, these agreements serve a broader purpose. They act as a cornerstone for establishing a marriage on openness and candid communication principles.

When a prenuptial agreement is thoughtfully drafted to ensure mutual financial security in the event of marital dissolution, it provides a solid framework for both individuals to move forward independently, yet securely, in their respective futures.

Who Should Consider a Prenuptial Agreement?

While it is often perceived that prenuptial agreements are primarily for those with significant wealth, they are indeed beneficial for individuals in various situations, including:

• Individuals with substantial personal wealth or assets they wish to safeguard.
• Business owners are keen on securing the future of their enterprise.
• Those with children from previous relationships are looking to set aside assets specifically for them.
• People marrying partners from other countries aim to guard against financial claims in different legal systems.

There are numerous other motivations for a prenuptial agreement. Should you be contemplating whether this route suits your situation, our team of specialised prenuptial agreement solicitors is available to discuss the advantages and potential drawbacks, offering tailored advice to your unique circumstances.

Why should you consider a prenuptial agreement?

You may want to consider a prenuptial agreement if:

• You have significantly more or less wealth or income than your partner.
• You own property or assets you want to keep separate from your partner.
• You have children from a previous relationship and want to secure their inheritance.
• You expect to receive a large inheritance or gift in the future.
• You own or run a business and want to protect it from any claims by your partner.

A prenuptial agreement can help you and your partner have an honest and open discussion about your financial expectations and goals and plan your future together.

Are prenuptial agreements legally binding in the UK?

Prenuptial agreements are not automatically legally binding or enforceable in the UK, but they can significantly influence the outcome of a divorce or dissolution case. The courts will generally uphold a prenuptial agreement if it meets the following criteria:

• Both parties freely entered into it without any pressure or coercion.
• It was made with a complete and frank disclosure of both party’s financial circumstances.
• It was signed at least 28 days before the marriage or civil partnership.
• A qualified solicitor drafted it, and both parties received independent legal advice.
• It is fair and reasonable, and does not prejudice children’s or vulnerable parties’ needs.

The courts have the final say on how to divide your finances on divorce or dissolution, and they will always consider the specific circumstances of your case and the needs of both parties. However, a well-drafted and valid prenuptial agreement can be a persuasive factor in your favour that may help you achieve a swift settlement.

Axis Solicitors has a team of experienced family solicitors who can help you with your prenuptial agreement. We can advise you on whether a prenup suits your situation, what it should include, and how to make it as solid and effective as possible. Moreover, we can also draft, review and negotiate your prenup with your partner or their solicitor while ensuring that it complies with the legal requirements and best practices.

We understand that a prenuptial agreement is a sensitive personal matter so we will handle your case with care, respect and professionalism. If you are interested in making a prenuptial agreement or have any queries about prenups, please contact us today for a free initial assessment.

Post-Nuptial Agreements

Post-nuptial agreements are legal contracts established by married couples or those in a Civil Partnership, detailing the distribution of their collective assets in cases of separation, divorce, or dissolution of the partnership. In short, it is a contract that sets out how you want to divide your assets and income if you ever separate or divorce.

This agreement may also detail property distribution upon a partner’s death. Since being introduced in 2008, post-nuptial agreements have offered legal solutions to ensure both parties have their desired asset allocation.

Post-nuptial agreements may also play a crucial role in safeguarding the inheritance rights of children from either your current marriage or a past relationship.

Areas typically addressed in post-nuptial agreements include:

• Allocation of business assets.
• Distribution of the family home and other properties.
• Management of financial assets, including future ones and debts.
• Arrangements for future inheritances and incomes.
• Details regarding investments, insurance policies, and pensions.
• Maintenance agreements.
• Division of personal and shared properties.
• Provisions in wills and trusts, including specific legacies.

While couples can independently determine the content of their post-nuptial agreements, seeking professional legal advice is advisable. Especially to consider and accommodate for any potential future needs or legal changes. Notably, post-nuptial agreements can provide recourse in court if either party violates the terms.

Why make a postnup?

You might want to make a postnup for many reasons, such as:

• You have inherited or acquired significant wealth or property during your marriage or civil partnership and want to protect it from being shared in a divorce.
• You have children from a previous relationship and want to ensure they inherit your assets or receive financial support from you.
• You have started or grown a business during your marriage or civil partnership and want to keep it separate from your marital or partnership assets.
• You have moved to the UK from another country, and you want to follow the laws of your home country regarding your finances in case of a divorce.
• Sidestep costly and stressful disputes over money and property if your relationship breaks down.

Are postnups legally binding?

When executed correctly, postnuptial agreements present a formidable challenge to contest. While not inherently legally binding, these agreements often stand a better chance of being upheld than prenuptial agreements, as they are signed without the immediate pressure of an impending wedding influencing the couple’s decision.

Some criteria that a court may consider when deciding to uphold a postnuptial agreement include:

• Determining if both parties agreed to the terms freely and voluntarily, without any pressure or coercion, before signing the agreement.
• Assessing whether there was complete and frank disclosure of financial circumstances and assets by both parties before signing the agreement.
• Confirming if both parties received independent legal advice before signing the agreement.
• Evaluating whether the agreement is fair and realistic, assessing the needs and circumstances of both parties and any children involved.
• Consider if there have been significant changes in the parties’ situations since the postnuptial agreement, such as having children or experiencing job loss, illness, or disability.

Is a postnuptial agreement needed after a prenuptial agreement?

Clients may opt for a postnuptial agreement in cases where the validity of a prenuptial agreement is uncertain, such as when it was executed shortly before the wedding. Postnups can serve to reconfirm the prenup’s conditions, which is beneficial when significant circumstances change, like an unexpected inheritance or a career shift has occurred. Additionally, couples experiencing relationship challenges may use a postnup to ensure financial stability and peace of mind as they work on their marriage.

Whether you need advice, drafting, negotiation or representation, our solicitors can provide an affordable and professional service that meets your needs. At Axis Solicitors, we will handle your case with care and discretion. 

We offer a free initial assessment to discuss your situation and advise you on the best action. Furthermore, we also offer fixed fees for our services, so you can be sure of the costs involved and avoid any hidden or unexpected charges.

If you are interested in making a postnup or have any questions about postnups, please contact us today; we will be happy to help.

Separation Agreements

When a marriage has broken down, there are commonly two alternatives besides divorce: obtaining a legal separation, often called judicial separation, or creating a separation agreement.

Some couples who decide to end their marriage but are unwilling to divorce immediately may find their best choice is a separation agreement, also known as a deed of separation. Similarly, this is also applicable to the dissolution of a civil partnership.

A deed of separation outlines the agreed terms regarding the distribution of assets and finances, arrangements for children, and maintenance post-separation. Furthermore, separation agreements offer flexibility, allowing for changes if circumstances evolve. Additionally, they can specify an expiration date, such as waiting for children to finish their education before proceeding with a divorce.

While it is not mandatory to document separation agreements, having a written record is beneficial, especially if disputes arise later. A written agreement, if agreed upon and signed freely by both parties, can be enforceable in court. Therefore, both parties need to understand the agreement and its consequences fully. Consequently, we urge you to seek advice from a qualified solicitor.

In divorce proceedings already underway, parties can request a consent order from the court to make the terms of their separation agreement legally binding, including aspects like asset division and maintenance. The court will review the fairness of the consent order before approval.

Are Separation Agreements legally binding?

The separation agreement itself is not an official court-sanctioned document. Within family law, being legally binding is typically achieved through a consent order (pertaining to financial matters in a divorce) or a child arrangements order (addressing parenting in cases of divorce or separation). While a separation agreement may not strictly be considered legally binding, it does encourage the court to consider and generally, the court can accept a separation arrangement. Thus, a properly executed separation agreement can still offer significant legal security.

Axis Solicitors has a team of experienced divorce solicitors who can assist you with all aspects of separation agreements. 

Our family law specialist solicitors can:

• Advise you on your options and the best way to proceed.
• Negotiate with your partner or their solicitor on your behalf.
• Draft a separation agreement that suits your needs and circumstances.
• Apply for a consent order to make your agreement legally binding.
• Represent you in court if your agreement is challenged or disputed.

We offer a fixed fee service for separation agreements so you can have certainty over the costs involved. Likewise, we also offer a free initial assessment. Please contact us today to learn about separation agreements.