A prenuptial agreement (or prenup) allows couples to protect their assets, clarify financial arrangements, and avoid disputes in the event of a divorce.
At Birkett Long, our experienced prenuptial agreement solicitors provide tailored advice to ensure your agreement is fair, legally sound, and reflects your intentions. We also assist with postnuptial agreements for those already married who wish to formalise financial protections.
Protecting your wealth, assets, and future
Speak to Melanie Loxley, Team Leader, Colchester Divorce and Family team.
What is a prenuptial agreement?
A prenuptial agreement is a legal document created before marriage, outlining how assets will be divided if the relationship ends. While not automatically legally binding in the UK, courts increasingly recognise prenups and as long as they meet certain legal requirements, meet both parties’ needs and are fair, they are likely to be upheld.
A postnuptial agreement (postnup) serves the same purpose but is signed after marriage.
Our prenuptial agreement solicitors ensure your agreement is drafted correctly, giving it the best chance of being upheld in court.
Why choose Birkett Long prenuptial agreement solicitors in Essex?
A well-prepared prenup requires legal expertise to ensure it is fair, enforceable, and tailored to your needs. At Birkett Long, we provide expert legal advice on both prenuptial and postnuptial agreements, helping couples protect their financial interests.
- Clear, jargon-free advice: we explain your options in straightforward terms.
- Confidential and compassionate service: every agreement is handled with sensitivity.
- Specialist experience in complex finances: we handle prenups involving businesses, investments, and international elements.
- Accredited specialists: Accredited by the Law Society and members of Resolution.
Wherever you are in Essex, if you are searching for prenup solicitors near you, Birkett Long is here to help.
Speak to an expertWhy consider a prenuptial agreement?
Prenups can benefit any couple wanting financial clarity and security. Reasons for having a prenuptial or postnuptial agreement include:
- Protecting inherited wealth, assets, or savings from being divided in a divorce.
- Ensuring business ownership remains separate and protected.
- Preventing one spouse from being responsible for the other’s debts.
- Providing for children from previous marriages by securing their future inheritance.
- Deciding which country’s laws will apply if there is an international element to the relationship.
If you’re unsure whether a prenup is right for you, our prenuptial agreement solicitors can provide expert advice tailored to your circumstances.
Can a prenup protect my pension?
Yes, pensions can be included in a prenuptial agreement. Many people marry later in life or enter second marriages with significant pension assets they wish to protect. A well-drafted prenup can ensure that:
- Your pension remains separate property and is not divided in a divorce or that the pre-marital element of the pension is protected.
- You retain control over pension benefits and entitlements.
- Any financial provision for a spouse is clearly set out, reducing uncertainty.
Our prenuptial and postnuptial agreement solicitors can help structure an agreement that ensures your pension is protected as far as possible.
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Are prenuptial agreements legally binding?
Prenups are not automatically enforceable in the UK, but courts increasingly uphold them if certain requirements are met. The Law Commission has outlined key conditions to strengthen the validity of a prenup, including:
- The agreement must be contractually valid and signed as a formal deed.
- It must be signed at least 28 days before the wedding.
- The parties must have signed it freely and without duress.
- Both parties must have received independent legal advice.
- Full financial disclosure must have been provided before signing.
- The agreement must not be unfair or leave one party in financial hardship.
- It must not prejudice the interests of any children.
Our prenuptial agreement solicitors ensure your agreement meets these requirements, increasing the likelihood that a court will uphold it.
How long does a prenuptial agreement last?
A prenup lasts for the duration of the marriage, but it should be reviewed if circumstances change, such as:
- The birth or adoption of a child.
- A significant change in income or financial situation.
- One partner becomes unable to work.
Many agreements include built-in review clauses to ensure fairness over time.
Can I get a prenup if I’m already married?
Yes. If you are already married, you can create a postnuptial agreement to achieve the same protections. A postnup can be useful if financial circumstances change after marriage or if you had not realised you could put a prenup in place at the time of your marriage
What happens if my partner refuses to sign a prenup?
A prenuptial agreement must be voluntary. If one party feels pressured to sign it or did not have proper legal advice, the agreement could be challenged in court.
Our prenuptial agreement solicitors ensure that both parties understand the agreement and receive independent legal advice, making it more likely to be upheld.
Can a prenuptial agreement cover future earnings?
Yes, a prenup can specify how future income, bonuses, or business profits will be treated in the event of a divorce. This ensures clarity and prevents disputes over future financial gains.
