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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:

‘MS’, Surrey

I would like to take this opportunity in thanking you and Brookman for the wonderful work, effort and support you have provided.


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Brookman Solicitors

91 Reviews

Joanne Chidwick 09/11/2020

I wanted to send a deeply personal thank you to Henry & the team at Brookman’s who have helped me through a very difficult time in my life. They have given me a truly personalised service & been incredibly sympathetic and supportive all the way through the process. I cannot thank them enough & would not hesitate in recommending them to others.

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Mr Brookman was very thorough, professional and spot on. He understood my requirements, the complexities of the case and has dealt with it superbly. I'm very pleased with the service provided. Thanks very much.

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Divorce is not very easy and sometimes one doesn't know what to do but when you have the right people dealing with the matter than it makes it easier.

I was recommended to Henry and initially I was hesitant to use a lawyer for my divorce matter purely because of the costs but in certain circumstances, it is better to go for it. It may seem costly but one doesn't have a choice.

The initial appt gives one an opportunity to hear the lawyer out and then to ask questions relevant to one's case.

The service was great - Thank you

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I want to highly commend Brookman Solicitors firm. I had the privilege of getting very thorough and sensible advice from their solicitor Jennifer Douglas. I don't have enough praise for her. She made me feel at ease and 'got me' and understood very well all the issues and her advice was on point. I felt she had my interest at heart in all the different matters. She was very accommodating and willing. She truly made a difference. She has great insight and I truly recommend her and the firm. They are very professional with the human touch.

Roohie Mahajan 16/08/2020

I am so happy that I hired their services. I am from India and it was my international divorce case. My ex husband is in the UK. I had a free telephone conversation with Henry Brookman and I was so satisfied that without even meeting him I was so confident. My case was handled in the best way possible.

He is probably the one of the best lawyers in the world. He is extremely competent, professional, intelligent and empathetic. The only lawyer who genuinely work to help you rather than making money. He is a very experienced lawyer and he saved me so much money. He is so calm and kind towards his approach. He is the most genuine person I have come across.

I just came to London once to attend my hearing. My husband and his solicitors made it so complicated. My ex husband has to spend double the amount of legal fees than me. This is the difference between hiring a good experienced lawyer. Their fees might be expensive but good lawyer will make you save money at the end. Finally at the end I won the case and my husband has to pay all my legal fees without me travelling to the UK. I will always be eternally grateful to Henry Brookman and Brookman Solicitors. I am falling short of words to praise them.

I highly recommend their services. Keep up the good work.