Prenuptial Agreements

A pre-nuptial agreement is a contract between the parties to an intended marriage or civil partnership that seeks to regulate their affairs in the event that their relationship ends. For the majority, financial arrangements will be the main focus of such agreements.

We understand that these decisions can be complex and very costly. In England and Wales pre-nuptial agreements are not strictly binding in the event of a later divorce therefore using the services of a family law solicitor who specialises in matrimonial and financial matters are highly recommended. We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs to mitigate both the stress and the cost for our clients.

Aaryan Solicitors has a very strong and robust family department. We offer a comprehensive range of matrimonial services to cater for all clients including divorce, separation, financial disputes arising from divorce and separation, children matters arising from the breakdown of a relationship, including residence (custody issues), pre-nuptial and postnuptial agreements, cohabitation agreements and separation agreements, cohabiting couple disputes and associated property disputes. We can also advise on all aspects of civil partnerships.

Our approach is professional and compassionate. We aim to provide all our clients with a first-class service. We appreciate how difficult it can be to discuss sensitive family issues and your matter will be handled in the strictest confidence.

Why enter into a pre-nuptial agreement?

Essentially the objectives of pre-nuptial agreements and post-nuptial agreements are the same:

• Clarification. To clarify how the parties will conduct their financial affairs during the marriage, to enable the couple to have transparency at the start of the marriage.

• Certainty. To provide certainty for couples who wish to formally agree how their assets should be divided if they later separate or divorce.

• Protection. To protect assets (such as inherited wealth or pre-marital property) from a later financial claim.

To limit scope for uncertain, emotionally draining and financially costly court proceedings in the event of the future breakdown of the marriage.

Without a prenuptial agreement the starting point for the division of property and assets will generally be equality of assets between both parties. The distribution of assets in this manner may well be unjust for many therefore pre-nuptial agreements are crucial.

Are nuptial agreements binding?

Nuptial agreements are not binding. The parties to a nuptial agreement cannot override the court’s broad discretion to decide how to redistribute their assets and income on an application for financial remedy.

How to get a prenuptial agreement

At Aaryan Solicitors, we can assist you to prepare a prenuptial agreement specific to your needs so as to enable you to have the best possible chance of it being upheld by the courts in the event of divorce.

The agreement needs to be freely entered into by each party with a full appreciation of its implications and meets the legal threshold of fairness.

Why Choose Aaryan Solicitors?