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With approximately 50% of UK marriages ending in divorce, the demand for prenuptial agreements is increasing. If you are looking for a reputable, experienced firm of solicitors in London that specialises in drafting or negotiating prenuptial agreements, you can rely on GALIP ELDAR Chambers’s prenuptial agreement solicitors, based in London. We provide a high quality, professional service with our team of solicitors who are committed to protecting your interests.

What is a Prenuptial Agreement?

Prenuptial agreements are agreements made and signed before marriage, to cover the mutual and agreed intentions of the parties to a marriage should their marriage break down. A prenuptial agreement can cover matters such as the distribution of assets, financial provision for any children of the marriage and how assets acquired during the marriage (such as gifts and inheritance) may be regarded in the event of a marriage breakdown. This, therefore, provides protection for assets which are not intended to be considered matrimonial property, restricting the potential for claims against these assets on divorce which may otherwise lead to large proportions of individually owned assets being shared with a spouse.Signing a prenuptial agreement doesn’t mean that you are anticipating a divorce. Instead, with figures showing that approximately half of UK marriages end in divorce, it is a cautious approach to protecting interests and minimising disputes in the future.There are many benefits of signing a prenuptial agreement including;

  • It Can Protect You From Debt – When getting married, if one person has significantly higher debt than the other, it is important for the debt-free spouse to protect themselves . A prenuptial agreement enables you to discuss debt and protect your assets from being used to satisfy the debts of your spouse.
  • Defines Marital Property – By stating what constitutes marital property in a prenuptial agreement, in the event of divorce, there will be clarity as to what assets are non-matrimonial and thus will not be shared on divorce. This helps to simplify the divorce process as case law in this area is otherwise complex..
  •  Protection of Assets, Family Members and Business Partners – It is common in many marriages for at least one spouse to have children from a previous relationship or interests in businesses with a third party. This can often cause concern on how those interests can be protected in the event of a divorce. A prenuptial agreement can ring-fence certain assets to ensure financial provision for family members or avoid disruption to businesses should the marriage breakdown.
  • Enables you to begin your marriage on a strong foundation – Prenuptial agreements give you and your partner a solid plan and a strong foundation of trust and honesty to build on, giving you an excellent start when embarking on the journey of marriage together. Signing a prenuptial agreement allows you to prepare or all possible scenarios and with such certainty in mind, it often promotes a stronger marriage with good communication.

How GALIP ELDAR Chambers handles prenuptial agreements

Our highly experienced prenuptial agreement solicitors in London can be trusted to provide detailed legal advice. A prenuptial agreement drafted by GALIP ELDAR Chambers’s solicitors will provide evidence to the court of the couple’s agreement prior to the marriage, and although they are not currently automatically legally enforceable, the agreements are very influential in the resolution of divorce cases.We would be delighted to offer a free initial appointment with our prenuptial agreement solicitors in London to discuss your requirements; however, we are unable to assist with Legal Aid applications.

Get to Know our Expert Team of Prenuptial Agreement Solicitors

Peter Johnson, the head of GALIP ELDAR Chambers Solicitor’s family law division, is a highly reputable family law solicitor with an impressive 5-star rating in the Review Solicitors Guide, for his performance in dealing with family law cases including prenuptial agreements. Peter is dedicated to sharing his knowledge and experience with his team and the company has an excellent track record in this area of expertise.

FAQs about Prenuptial Agreements

Are prenuptial agreements legally binding?

Though prenuptial agreements are not legally binding yet, they will likely be upheld by a judge if they meet the qualifying criteria. The requirements are very specific which highlights the importance of taking detailed legal advice from experienced legal advisors as the court also expect the parties to have been fully and independently advised prior to entering into a prenuptial agreement.

Is signing a prenuptial agreement worth it?

If you have assets or income that you wish to protect, signing a prenuptial agreement will be  beneficial. By having a plan in place should the marriage break down, it also promotes a more acrimonious divorce and avoids the high legal costs which would be incurred  in disputed financial remedy proceedings. Our prenuptial agreement solicitors will tailor the agreement to your specific objectives and will give you detailed legal advice so that you have the most protection possible, no matter the outcome of your marriage.

What is the difference between a prenuptial agreement and a postnuptial agreement?

The difference between a prenuptial agreement and a postnuptial agreement is that prenuptial agreements are entered into before the marriage, whilst postnuptial agreements are entered into after the parties are wed (but whilst they have every intention of continuing the marriage). Both agreements serve the exact same purpose to set out the financial provisions should the marriage end in divorce.

When should I start the prenuptial agreement process?

It is worth starting the process at least 6-12 months before your wedding to avoid time pressure as ensuring that the parties have had sufficient time to consider the terms of the agreement is a consideration of the court when looking at the enforceability of the agreement. The agreement has to be signed at least 30 days before the wedding date but ideally should be signed before this.

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