Prenuptial and Postnuptial Agreement - General Archives - Franklins Solicitors https://www.franklins-sols.co.uk/faq_category/prenuptial-and-postnuptial-agreement-general/ Wed, 25 Feb 2026 13:35:42 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9.5 Can a prenup or postnup protect my business or inheritance? https://www.franklins-sols.co.uk/insights/faqs/can-a-prenup-or-postnup-protect-my-business-or-inheritance-2/ Wed, 25 Feb 2026 13:35:42 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10440 Yes. A nuptial agreement can protect specific assets from being divided within divorce proceedings. Assets which have been inheritance can be protected for others. Interests in your business can be defined as a separate asset to ensure no disruption to its operation or ownership during the divorce proceedings.

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]]> Yes. A nuptial agreement can protect specific assets from being divided within divorce proceedings. Assets which have been inheritance can be protected for others. Interests in your business can be defined as a separate asset to ensure no disruption to its operation or ownership during the divorce proceedings.

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]]> What happens if my circumstances change after a prenup or postnup? https://www.franklins-sols.co.uk/insights/faqs/what-happens-if-my-circumstances-change-after-a-prenup-or-postnup/ Wed, 25 Feb 2026 13:29:00 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10436 A nuptial agreement can be updated when your financial circumstances change, the birth of children, a risk of health issues to name a few. In these instances, a nuptial agreement can be updated by mutual agreement, providing full financial disclosure, seeking legal advice and formalising this into an agreement.

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]]> A nuptial agreement can be updated when your financial circumstances change, the birth of children, a risk of health issues to name a few. In these instances, a nuptial agreement can be updated by mutual agreement, providing full financial disclosure, seeking legal advice and formalising this into an agreement.

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]]> What cannot be included in a prenuptial agreement? https://www.franklins-sols.co.uk/insights/faqs/what-cannot-be-included-in-a-prenuptial-agreement/ Wed, 25 Feb 2026 13:25:34 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10432 While prenuptial agreements can include a wide range of financial matters between couples, there are matters which are unlikely to be upheld by the Courts. For instance, child arrangements and child maintenance provisions as the courts prioritise the best interests and the welfare of the child. Other provisions include personal lifestyle clauses such as requirements [...]

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]]> While prenuptial agreements can include a wide range of financial matters between couples, there are matters which are unlikely to be upheld by the Courts. For instance, child arrangements and child maintenance provisions as the courts prioritise the best interests and the welfare of the child. Other provisions include personal lifestyle clauses such as requirements regarding appearance and personal habits together with provisions encouraging divorce. The Courts will also not uphold any terms which are considered unfair or inequitable to one party.

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]]> How long does a prenuptial agreement and postnuptial agreement last? https://www.franklins-sols.co.uk/insights/faqs/how-long-does-a-prenuptial-agreement-and-postnuptial-agreement-last/ Wed, 25 Feb 2026 13:24:32 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10430 A nuptial agreement will last for the duration of the marriage. However, it is prudent to revisit and amend depending on the change of personal circumstances, especially if your financial situation changes or children are born.

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]]> A nuptial agreement will last for the duration of the marriage. However, it is prudent to revisit and amend depending on the change of personal circumstances, especially if your financial situation changes or children are born.

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]]> Are prenuptial agreements and postnuptial agreements legally binding? https://www.franklins-sols.co.uk/insights/faqs/are-prenuptial-agreements-and-postnuptial-agreements-legally-bindingprenuptial-and-postnuptial-agreement/ Wed, 25 Feb 2026 13:23:18 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=10428 At present, the courts have consideration of the factors outlined in Section 25 Matrimonial Causes Act 1973 and Schedule 5 Civil Partnership Act 2004 to determine financial settlements following the breakdown of a marriage. Whilst Pre-Nuptial Agreements and Postnuptial Agreements are not automatically legally binding or enforceable. However, the Court are increasingly upholding and giving [...]

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]]> At present, the courts have consideration of the factors outlined in Section 25 Matrimonial Causes Act 1973 and Schedule 5 Civil Partnership Act 2004 to determine financial settlements following the breakdown of a marriage. Whilst Pre-Nuptial Agreements and Postnuptial Agreements are not automatically legally binding or enforceable. However, the Court are increasingly upholding and giving effect to prenuptial agreements and postnuptial agreements provided that they are entered into voluntarily by both parties with a full understanding of their consequences. The Court may not consider upholding the agreement if doing so would be considered unfair.

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