Pre-nuptial Agreements

Prenuptial Agreements in England are now often regarded as binding though the court retains discretion as to whether an agreement should be enforced.

Overall they must be fair in their effects of the proper maintenance requirements of the economically weaker spouse, and any dependent children are provided for.

The agreement can provide a code as to how you agree to manage your finances during the marriage. It can also specify what you expect to happen should either of you die. It is important to note, however, that Wills are required to carry out your wishes upon death. Foreign Wills may also be necessary.

There is not a “standard” form of prenuptial agreement in England, because in English law marriage does not alter the ownership of property. This is unlike some countries, where marriage will create a “community of property” unless there is a prenuptial agreement.

Because the question of what is fair varies so much for individual circumstances, prenuptial agreements have to be carefully drafted to fit individual circumstances.

Example situations where an agreement may be required 

  • Couples pooling their earnings to buy a property.
  • Couples intending to have a first child, and planning their future finances.
  • Where there are children from a previous relationship.
  • One party is wealthier than the other or has been married previously.
  • One party is at risk of insolvency due to business downturns or other issues.
  • Couples getting married after having already cohabited and considering combining finances.
  • Where parents or relatives are contributing to a house or savings fund

Pre-Nuptial Agreements: Frequently Asked Questions

What do Brookman offer?
Everyone’s situation is unique, but we do offer some “standard” types of agreement should your situation come within their scope. If you contact us we will send you our Basic Information Form, and when you return that to us we can do an initial estimate as to the probable cost.

We also ask that clients who require a pre-nuptial agreement contact us at least 8 weeks prior to the wedding day so the necessary work can be completed in time. Most couples are busy enough anyway in the weeks immediately prior to the big day. However, if you are due to marry in less than 8 weeks’ time you still have the option for us to draft your post-nuptial agreement if required.

Do you offer Wills as well?
Yes, we recommend making Wills to dovetail with the agreement. As with proposed agreements, we can assess if we can offer a fixed fee for one of our standard Wills, or whether more complicated drafting is needed.

Do you arrange insurance and financial advice?
We liaise with independent financial advisors where appropriate, because they are accredited with the Financial Services Authority.

Aren’t pre-nups unromantic?
You are getting married to signal a long-term commitment and as you might expect, there will be plenty of unromantic decisions to make in the course of your marriage. For some couples without pre-nuptial agreements, the uncertainly of their financial set-up can cause underlying and long-term issues. It is better start with a plan so both of you are comfortable with how you stand for the future.

Henry Brookman gives an exclusive interview to BBC London Radio and discusses important issues regarding pre–nuptial agreements.

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Pre-nuptial Contracts

Pre-nuptial Contracts - Scenario Analysis Example #1

Mr P saw us about whether a pre-nuptial would be appropriate. He was a business man with substantial assets in England. He was entering into an arranged marriage with a distant relative who was a company executive. Whilst they naturally hoped it would work they both wanted to realistically consider what would happen if it did not.

Our solution:
We advised on an agreement which preserved their individual property except for the property which was to be their home. We then built in a formula that if they had children it would provide more generously for the future Mrs P. Finally, if the marriage lasted more than 7 years the agreement was to end and the ordinary law would apply. His fiance was independently advised and agreed to the deal. We are pleased to confirm that Mr and Mrs P have had a happy marriage.

What our clients are saying:

‘JC’, London

“Brookman Solicitors without exaggeration saved my life. From an unjust and completely incorrect judgement from a district judge in my divorce proceedings that would have bankrupt me. The team of Aziz Malik Brookman Solicitors and associate Barristor Peter Duckworth professionally requested permission to appeal, were granted permission then won the appeal.

The ruling from the district judge was completely thrown out, I only wish there were some repercussions in regard to the DJ for such a travesty of justice. The appeal was in front of a much more qualified judge, QC Wildblood. Having such a professional team sat in front of you gave me great confidence that justice would prevail and it did. They made the other side look fools and the judge agreed so much in fact the following comment was put on record “As one would expect from Mr. Duckworth this is a highly focussed and well directed application for permission to appeal” Judge Wildblood QC “it is obvious that permission to appeal must be given and the appeal must be allowed”

Brookman Solicitors thank you very much, I would recommend you to anyone. I am so happy now and have moved on in life.”


Google Reviews

Brookman Solicitors

56 Reviews

Rhea Steel 06/09/2019

I sent an email to book a free 45 min consultation. A senior partner answered my questions and put me at ease. No consultation needed!

A D 29/08/2019

I had the opportunity to meet Henry Brookman in a very difficult time of my life and he has been of great advise and support. Thank you!

Simon Rogerson 12/08/2019

I wanted to say a big thanks to Henry Bookman and his colleagues for all their help and guidance during my divorce - a long a complicated one. The team were all brilliant. I loved the fact that Henry was happy to explore possibilities and search for solutions. I also feel that on occasions he gave hope when things were against me. All told a great coach who was ready with pearls of wisdom when I needed it.

An'a. K 10/08/2019

I would strongly recommend this firm. I had the opportunity to discuss my case thoroughly with Mr Bookman. But before the initial consultation, I had a telephone conversation with a legal assistant who took most of the details down, so that my initial consultation was to the point I appreciate the advice given by Mr Bookman and think it a humble approach that the initial consultation is FREE and carried by the most senior member of the firm and not by a junior staff like it happens in other firms.

Anonymous 08/08/2019

Aziz Malik. Unbelievably good. Fantastic advice and was able to manage my difficult family law case to a superb outcome. Highly recommended.