solicitors

Postnuptial & Prenuptial Agreement Service

AN EXTRA SAFE GUARD, JUST IN CASE.

We recognise in the early stages of a relationship, few people want to consider what will happen to their assets and liabilities should the marriage or partnership fail, but the reality is today more and more people are protecting themselves and their assets through prenuptial agreements or sometimes postnuptial agreements.

In the best case scenario the agreement may never be needed, and in the worst case scenario it may save you the emotional and financial drain of contested Court proceedings.

At Mogers Drewett we see prenuptial agreements and postnuptial agreements as another form of marriage preparation, although we hope you never need to use it.

The family team are ranked in both Chambers & Partners and the Legal 500:

Compact and experienced team which regularly acts for high net worth individuals across the South West, and is increasingly active advising on international family cases. Highly thought of for its work on financial remedy matters together with related tax and pension issues. Also handles private children matters, including child and parental alienation cases.
Chambers & Partners 2018

Mogers Drewett LLP’s team is led by Victoria Strode, who handles a broad range of family matters, and specialises in financial matters involving agricultural and farming disputes. Collaborative practitioner Rebecca Silcock has strong expertise in financial disputes, particularly those involving businesses, pensions and trusts. The team also assists on pre-nuptial and cohabitation agreements and has experience of advising on private children law matters including removal from the jurisdiction, residence and contact issues.
Legal 500 2017

Next steps

If you require a pre or post-nuptial agreement, please get in touch with our family team for a no obligations conversation, or alternatively make an appointment to meet with a member of our team. You can speak to us on 0800 533 5349 or reach us on email at enquiries@mogersdrewett.com.

Frequently asked questions

Marital agreements define who owns what while the parties are married and usually attempts to determine what will happen if they get divorced. There are two types of marital agreement:

  • Pre-nuptial agreements, signed before the wedding ceremony;
  • Post-nuptial agreements, signed after the wedding ceremony, but at a time when the parties still envisage staying together.

The civil partnership equivalents to the above are referred to as ‘pre-civil partnership agreements and ‘post-civil partnership agreements’. The formalities and effects are no different.

We would advise agreements to be considered where one or both parties has significant inherited or self-made wealth or has previously been divorced and wishes to protect assets for the children of their first marriage.

Marital agreements are not binding on the court but will be given considerable weight if they:

  • attempt to be fair;
  • acknowledge the existence of children;
  • are signed without pressure, fraud or misrepresentation;
  • are signed with parties having had independent legal advice and exchanged full-financial disclosure;
  • are discussed and signed at least 21 days before the wedding (in the case of a pre-nuptial agreement).

You can enter into a cohabitation agreement to protect your financial position in the even to a separation.  However you should be aware that the law in relation to unmarried couples is very different to that for those who are married.  Please refer to our Cohabitation webpage for further information.

Meet the team

Victoria Strode
Victoria Strode
Head of Department & Associate Solicitor
Simon Walker
Simon Walker
Associate
Elizabeth Dowler
Elizabeth Dowler
Solicitor

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