Prenuptial and postnuptial agreements
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.
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).
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
Comprehensive prenuptial agreement involving three jurisdictions
We assisted a wealthy family based in Malaysia on the drafting and need for a comprehensive Prenuptial Agreement for a member of the family who would be marrying and residing with her husband in Singapore. In the process, we advised and coordinated with Australian family lawyers (Lander & Rogers) who had drafted a Financial Agreement for the couple that was currently staying in Sydney and on the drafting of a binding Prenuptial Agreement that would incorporate certain key provisions from the financial agreement into the Prenuptial Agreement.
Use of European pre and postnuptial agreements clarified in the Hong Kong courts.
A landmark divorce case in Hong Kong involved German pre and postnuptial agreements. The case confirmed that the principles set out in the English Supreme Court case of Radmacher, in respect of prenuptial agreements, would be an appropriate precedent for the Hong Kong courts, and that, if the parties fully understood the implications, they would most likely be bound to their agreements.
The US-born son of a UK businessman
When he became engaged to a Swiss citizen, the son of a high-profile UK businessman asked us to help him obtain a British Passport and expatriate from the US. We were also asked to draft a prenuptial agreement. Timing was of the essence but as a global, full-service firm we created a team of immigration, family and private client lawyers to meet tight deadlines.
Meet the team
4 April 2023 | On-Demand
The Beverly Hills Bar Association in conversation with Samantha Klein: Family law
21 December 2020 | Article
Protecting your potential: a guide to pre-nuptial and post-nuptial agreements in England and Wales
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