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Prenuptial and postnuptial agreements lawyers

Couples who want to prepare for every eventuality benefit from our vast experience drafting pre and postnuptial agreements. Whatever your circumstances, we aim to make the process a valuable one, thinking through your priorities to create a tailored document just for you.

Deciding to get married is an exciting time in your life, and a prenuptial agreement may be the last thing on your mind. But more and more couples are deciding on this route to bring them peace of mind should the unthinkable happen.

Whether you decided to have an agreement or it is at the suggestion of family members, trustees or fellow shareholders, a prenuptial agreement (as with pre-civil partnership and postnuptial agreements) can save a lot of stress, dispute and future legal costs should the relationship break down. We have enormous experience in the drafting and negotiation of these agreements, whether they are multi-jurisdictional in scope or relate just to one country.
 
Although these agreements are not yet legally binding in England, a Supreme Court ruling in 2010 saw the introduction of a presumption that family courts should hold spouses to a nuptial agreement (whether made before or after the marriage) if both parties understood the implications of entering into the agreement. The legal position is similar in Hong Kong. Nuptial agreements are valid in Singapore as long as they do not negate from the marital relationship and the weight that the Courts in Singapore would give to such agreements would have to be assessed on each case.

We advise either the financially stronger party, or the intended spouse or civil partner, and we take great care to tailor our approach to individual circumstances. We have created prenups and postnups for a range of different people from entrepreneurs thinking about their business interests, beneficiaries of family trusts and shareholders in family businesses, to high-profile celebrities wishing to protect their reputations. As with all our work, total discretion is paramount.

Where partners come from different countries, or own property or have other financial interests outside England, we work where appropriate with leading family lawyers in other jurisdictions known to us through our membership of the International Academy of Family Lawyers, and, as needs be, with our colleagues from other teams within Withers (for example where advice is required on tax and trusts, property or business matters).
Couple

Talking about prenups

More and more couples are having the conversation about getting a prenuptial agreement. Whilst already common in the US and Europe, the popularity of prenups in the UK and Asia is continuing to grow. With the unfortunate reality many marriages now end in divorce, these agreements can save a lot of stress, heartache, and legal fees if the worst should happen.

Talking about prenups
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Prenuptial and postnuptial agreements are now more widely used and accepted around the world as couples enter into marriage. We show the position in California, the UK, Singapore and Hong Kong, and why it’s important to have joined up, global advice.

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Meet the team

Samantha Klein

Samantha Klein

Partner | Los Angeles

Samantha Klein

Partner | Los Angeles

Divorce and Family

Adele Pledger

Adele Pledger

Partner | London

Adele Pledger

Partner | London

Divorce and family

Anisha Ramanathan

Anisha Ramanathan

Partner | Hong Kong

Anisha Ramanathan

Partner | Hong Kong

Divorce and family

Brett A. Frankle

Brett A. Frankle

Partner | London

Brett A. Frankle

Partner | London

Divorce and family

Jennifer Dickson

Jennifer Dickson

Partner | London

Jennifer Dickson

Partner | London

Divorce and family

Jocelyn Tsao

Jocelyn Tsao

Partner | Hong Kong

Jocelyn Tsao

Partner | Hong Kong

Divorce and family

Katharine Landells

Katharine Landells

Partner | London

Katharine Landells

Partner | London

Divorce and family

Michael Gouriet

Michael Gouriet

Partner | London

Michael Gouriet

Partner | London

Divorce and family

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