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Prenuptial and Post-Nuptial Agreements

Prenuptial Agreements which are also referred to as Premarital Agreements or Prenups, are set up prior to marriage or a civil partnership. Post-Nuptial Agreements which are also referred to as Postmarital Agreements or Postnups are set up after a marriage or civil partnership has taken place. Both types of agreements set out your rights in relation to any property, debts, income, other assets purchased together, assets acquired individually (eg, through inheritance), or that they have bought into a relationship.

Once married, these assets will normally legally become matrimonial assets unless specifically protected.

It is a common misconception that prenups and postnups are for the rich and famous. Setting up a Premarital or Postmarital Agreement is suitable for anyone who wishes to protect their assets. Also if you have children from a previous marriage and want to ensure that you reserve certain assets for them if your new marriage or civil partnership fails, then a Prenuptial or Postnuptial Agreement may be a way to try to achieve that.

Is A Prenup Right For Me?

If you are thinking of setting up a Prenuptial Agreement, you may want to consider the following:
  • Do I want to protect my property should the relationship end?

  • Do I want to limit any potential claims?

  • If the relationship ends, will the dividing of assets be complicated and costly?

  • Do I want to protect my children from a previous marriage if the relationship ends?

By considering the questions above, this can help determine whether a prenup is right for both you and your partner.

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