Prenuptial and Postnuptial Agreements

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A prenuptial agreement (signed before marriage or civil partnership) and a postnuptial agreement (signed after) set out how finances should be handled if the relationship later breaks down. At Wake Smith Solicitors, our family law team provides clear, bespoke advice so you can protect assets, set fair expectations, and reduce uncertainty for the future.

As part of our wider Family and Divorce Law services in Sheffield, we draft tailored agreements that reflect your intentions and circumstances.

What Can a Nuptial Agreement Cover?

A well-prepared agreement can address:

Property and equity: how existing equity or a pre-owned home is protected.
Savings, investments & pensions: how pre-marital assets are treated and valued.
Future assets: how inheritances or gifts should be treated if received later.
Trust interests: how interests in family trusts are considered.
Business assets: protecting a business founded or owned by one party.
Family home arrangements: who remains, sale triggers, and timelines if separated.
Debt responsibilities: how liabilities are allocated.
Review points: when and how the agreement should be reviewed (e.g., children, major windfalls, illness).

When to Consider a Prenup or Postnup

Nuptial agreements are particularly useful where:

One or both partners have significant pre-marital assets or business interests.
There are children from a previous relationship.
Families wish to ring-fence inheritances or trust assets.
Partners are contributing unequal deposits to a home purchase.
There is a desire to reduce uncertainty, cost, and conflict if separation occurs.

How Much Weight Do Courts Give These Agreements?

While nuptial agreements are not automatically binding, courts can place significant weight on them when certain safeguards are met, for example:

Full and frank financial disclosure by both parties.
Independent legal advice for each party.
No duress or undue influence: both parties sign freely and willingly.
Fairness: the agreement makes reasonable financial provision for both partners and any children.
Courts can depart from an agreement if circumstances have materially changed or if it would be unfair to uphold its terms.

Our Process

Initial consultation: understand your goals and priorities.
Disclosure & scoping: exchange financial information and identify key issues.
Drafting: prepare a clear, practical agreement aligned to your intentions.
Review & negotiation: each party takes independent advice and refines terms.
Signing & future reviews: sign in good time (for prenups), and agree sensible review points.

Clear, Tailored Protection

Our solicitors regularly negotiate and draft prenups and postnups that reduce risk and uncertainty, helping couples move forward with confidence while protecting family wealth and children’s interests.