Family Solicitors Winchester

Prenuptial and Postnuptial Agreements

Our lawyers are passionate about helping clients to protect their assets and plan for the future to give them peace of mind.  

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Rachael Cole

We appreciate that discussions around protecting your assets with your soon to be husband or wife can be uncomfortable.  Planning for the future, however, makes things easier and more amicable should your relationship break down. Formalising the expectations of you and your partner in a written agreement not only provides security, certainty and peace of mind, but can also avoid costly and stressful legal proceedings.

A Prenuptial Agreement entered into before marriage can ringfence assets owned prior to the relationship and set out how assets should be divided in the case of divorce. It can also detail how the parties intend to co-parent any children.

A Postnuptial Agreement is similar but is entered into after the marriage has taken place.

Such agreements are not strictly binding but are recognised by the court provided certain criteria are met. It is of the utmost importance that these agreements are prepared correctly to ensure that they will be effective and stand up to scrutiny. It is also crucial to update any agreements upon significant life events such as having children or a major change in financial circumstances to ensure they remain valid.

A Petnup can set out the intended living arrangements for pets in the event of separation or divorce.

Shentons offer a wide range of legal services to help you protect your future, to include preparing Declarations of Trust, Cohabitation Agreements, Wills and Powers of Attorney.

Prenuptial agreements are usually upheld by the court if they have been prepared correctly, however, they are not automatically binding. The court can override a prenup when splitting assets on divorce if it would result in injustice or financial hardship.

A prenuptial agreement should be signed at least 28 days before your wedding to reduce the risk of it being challenged. We recommend starting the process at least 3 – 6 months before the wedding.

It is best to get independent legal advice as soon as possible and ensure that there has been full financial disclosure. You should not sign a prenup if you do not understand the terms of the agreement or feel pressured. A prenuptial agreement is not supposed to be one sided and you can ask for amendments.

A prenup is only valid if it is signed before the wedding. However, if you already have a draft prenup, this can be converted into a postnuptial agreement once you are married, as long as your spouse is in agreement.

A prenup or postnup should be personal to your circumstances. The agreement will typically include details of both parties’ assets, including property, cash and pensions. It will confirm what assets the parties would like to be ringfenced and which assets that will be split between them if they were to get divorced.

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Julie Gordon

7 months ago
Exceptional service for all the team, especially Liz. No hidden surprises, clear and precise information and I was guided the whole way through my divorce. I felt supported and listened to. Highly recommend.
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Liz Cockram

5 months ago
I highly recommend Hannah Adams and the team at Shentons. They were all incredibly kind, patient and really listened to the details of our particular situation. We were seen quickly, which was very important for us due to EHCP Tribunal deadlines. The expertise and depth of information we recieved in meetings and reports was invaluable. It also allowed me to proceed with clarity and confidence, where I had previously felt lost in the vast amount of very subject specific paperwork which had been sent to us. We followed Hannah's advice when looking for other professionals to assess our child and gain the relevant reports. We also followed up on a possible area of need she identified, resulting in a new diagnosis and subsequent support from the NHS. I am incredibly happy to say my child is enjoying his second week at our chosen school, something the LA finally agreed to after nearly a year of fighting but 5+ months before our court date. Our child is now in a setting which will support him for the next 7.5 years.
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Jennifer Cole

5 months ago
Shentons helped me through a really difficult time in my life when I was locked in a legal battle with my old partner about our joint house. I am so grateful for Shentons' excellent counsel, efficiency and human touch. I did get a great outcome in the end which has meant I can be free and financially secure again.
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Edward Ramsay

6 months ago
I cannot speak highly enough of Chloe jay of whom was my legal representation during what was the most serious and stressful period of my life. From the very beginning, Chloe demonstrated exceptional professionalism, intelligence, and dedication to my case. Chloe had an outstanding understanding of the law and an ability to explain complex issues clearly and honestly, which gave me confidence at every stage of the proceedings. In court, Chloe's advocacy was calm, authoritative, and compelling. Chloe was meticulous in her preparation, strategic in her approach, and fearless when it mattered most. What truly impressed me about Chloe was her commitment to justice and to me as a client. Chloe treated my case with the seriousness it deserved, listened carefully, and fought relentlessly on my behalf. I always felt supported, respected, and in safe hands. Chloe worked in my case beyond my expectations and into the early hours of the morning sometimes to ensure that I as her Client had the greatest chance success each day of trial. I am deeply grateful to Chloe and would not hesitate to recommend her to anyone facing a serious legal matter. If you need a barrister who is highly skilled, principled, and unwavering in their commitment to their client, I cannot recommend them strongly enough. Thank you Chloe and to all at Shentons who assisted in my case.
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Teresa Walker

8 months ago
Shentons have provided my son with brilliant support throughout a court case. From very first contact, we have had an amazing and highly professional defence. Call backs have always happened when scheduled, the lawyers have been clear, realistic and honest about outcomes. In court support has been reassuring and we felt that the very best defence was prepared and delivered. The barrister appointed was also outstanding and did a wonderful job on both court appearances. My son, the defendent, has learning disabilities/ autism. This was taken into consideration ideation throughout and he was treated with kindness and empathy. We are so grateful for the care and support that we have received. I cannot recommend Shentons more highly.
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