Pre and Post Nuptial Agreements

The Family Team at Payne Hicks Beach is ranked in Chambers HNW 2023. The directory writes that “Payne Hicks Beach has a highly esteemed family law department which regularly handles high-value and sophisticated matters.” Testimonials include “They are uniformly first rate, from the technical ability of more junior team members with day to day responsibility on a case, to the deep experience and strategic thinking offered by the partners and more senior associates” and “PHB are absolutely excellent. They are all extremely competent, and can handle really big cases without being fazed by anything.” With rankings of many years in Chambers HNW, testimonials include “They’re as good as you’ll find; they’re a class act,” says a source, explaining: “They have a lot of depth to their practice. They all have great experience and are very good to deal with.” Another comments: “They are a fantastic group of lawyers. They provide excellent advice to clients, and they have strong expertise in a range of areas. They really invest in their clients; it’s a real pleasure dealing with them.”

The Legal 500 UK 2023 describes Payne Hicks Beach LLP as a “top notch firm that does A list work for the most influential, successful and high profile clients.”  The law directory expands to say that “the department is ‘outstanding’ and garners praise for its specialist advice on the full spectrum of complex family law issues often with an international dimension for high-profile individuals, entrepreneurs, UHNWs and others including members of international Royalty” and recognises that the team “is frequently instructed in cases that go to the Supreme Court and the Court of Appeal.”  “Overall it is a ‘class act with a team of great lawyers who know exactly how to run the big, difficult litigation but never lose sight of what the client wants’.”  One source comments: “The PHB family team has exceptional experience of the most complex international family law disputes. Very few other firms have this level of experience. Hand-in-hand with this the firm delivers a very personal service, giving clients the assurance that both their case and their welfare are being cared for with utmost attention.”

A post nuptial agreement is an agreement signed during the marriage by which a couple can reach a consensus on how assets are to be treated in the event of a divorce.  Like pre-nuptial agreements, they are not legally binding but if prepared properly a court is likely to give weight to the agreement in the event of the marriage breaking down.

Long regarded as the preserve of the wealthy, pre-nuptial agreements are increasingly popular with individuals from all walks of life and in particular where one or both parties have assets that they are bringing in to the marriage that they want to keep separate.  We can consider your particular circumstances and advise you on the most suitable type of agreement for you.

Strictly speaking, pre-nuptial agreements are not legally enforceable. However, since the Supreme Court ruling in the 2010 case of Radmacher v Granatino, provided that an agreement has been properly formulated and is fair then it is likely to be given decisive weight by the court.

An English pre-nuptial agreement can deal with all assets worldwide but there will be special considerations that need to be taken into account if foreign jurisdictions are involved.  It may be necessary to enter into a mirror agreement in another jurisdiction and we can assist you with obtaining advice in the foreign country.

A cohabitation agreement sets out what is to happen to assets in the event that an unmarried couple living together should separate.  It is important to remember that in the UK there is no such concept as a “common law marriage” and a cohabitation agreement can offer both parties certainty and protect their respective positions.  Provided that they are drawn up correctly and properly executed, a cohabitation agreement can be legally binding.