Understanding pre and post nuptial agreements
Pre-nuptial Agreements are set up prior to marriage or a civil partnership, whereas Post-nuptial Agreements are set up after the marriage or civil partnership has taken place.
Both types of agreements are documents in which a couple set out their rights in relation to any property, debts, income and other assets purchased together or acquired individually (e.g. through inheritance), as well as those that they have brought into a relationship.
Once married or in a civil partnership, these assets become matrimonial assets unless specifically protected.
It is a common misconception that pre and post nuptial agreements are only for the rich and famous. However, such agreements are suitable for anyone who wishes to protect their assets. If you have children from a previous relationship and want to ensure that you reserve certain assets for them if your new relationship fails, then a Pre-nuptial or Post-nuptial Agreement may be a way of achieving this.
How can Prism Family Law help?
If you are interested in exploring pre and post nuptial agreements, do contact us at 0191 269 6871 or via email at legal@prismfamilylaw.co.uk.
Legal Aid Eligibility
Legal aid is generally not available for preparing pre-nuptial or post-nuptial agreements, as these are considered private arrangements outside of court proceedings.
However, in rare cases where domestic abuse is a factor and legal protection is needed alongside financial arrangements, you may qualify. Legal aid in these circumstances requires strong evidence and must meet strict criteria.
You can check whether your situation qualifies by reviewing the guidance on our Legal Aid page.
- Legal aid is usually not available for nuptial agreements.
- Exceptions may apply where domestic abuse is involved.
- Financial and case eligibility must be met.
You can find more details about the criteria for legal aid in family law and what’s needed on our Legal Aid page.