Withers Worldwide

More and more people are entering into pre-nuptial agreements (before they marry) or pre-registration agreements (before civil partnership) to protect their assets in case the relationship breaks down.  It is a trend sparked by the steep rise in divorce rates over recent years and the sharp increase in the amount having to be paid on divorce.  We believe it is likely to continue.

We advise clients on the terms, negotiation and drafting of ‘pre-nups’, and also offer guidance on tailor-made solutions to suit their specific circumstances. We are equally happy to act either for the financially stronger party or for their intended husband, wife or civil partner.

Either way, we know that discussions about pre-nuptial agreements can be a very delicate issue, and we take great care to adapt our approach to the circumstances and tread sensitively.

While most couples entering into pre-nuptial agreements already have assets they wish to protect in the future, some are expecting to generate such assets, whether from inheritance, investments or earnings.

Many have the added complication of an international element to their case. Because our family law team can draw on strong links with family lawyers in countries all over the world, we are able to provide advice relevant to many jurisdictions and we work with lawyers in other countries to add the international dimension to pre-nuptial advice being given to local clients. The advice of our Wealth planning colleagues is often dovetailed to combine a pre-nuptial agreement with prudent asset planning to increase the protection for the financially stronger party.