Prenuptial and postnuptial agreements

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).