Marital & Separation Agreements Solicitor in Nottingham

Pre-marital and post-marital agreements

A pre-nuptial agreement sets out how assets would be divided if a marriage ended. Post-nuptial agreements do the same after the wedding. They are particularly useful where one person has significant assets, inherited wealth, a business, or children from a previous relationship.

Although these agreements are not automatically binding in England and Wales, courts will usually uphold them if they are fair, entered into freely, with full financial disclosure and independent legal advice, and signed well in advance of the wedding. Paulette makes sure each of these safeguards is in place.

Separation agreements

Some couples are not ready to divorce, or prefer to separate first. A separation agreement records how you will deal with the home, money, debts and arrangements for children while you live apart. It can provide stability for everyone and is often used as the basis for a later financial order.

Paulette takes time to understand what matters most to you and drafts agreements in clear, practical terms, so that both of you know exactly where you stand.

How an agreement is put together, step by step

The process starts with a meeting to understand what you want to protect and why: perhaps a property you owned before the relationship, an inheritance, a family business or provision for children from a previous relationship. Paulette then explains how the courts approach these agreements and what terms are likely to be considered fair.

Next comes financial disclosure. Both of you share details of your income, assets, debts and pensions, so that each of you understands what you are agreeing to. Your partner should take independent advice from their own solicitor. Paulette then drafts the agreement, negotiations take place on any points of difference, and the final document is signed by both of you as a deed.

For pre-nuptial agreements, the agreement should ideally be signed at least twenty-eight days before the wedding, so that neither party can later claim they were put under pressure. Separation agreements are made after a couple has parted and can record arrangements for the home, finances and children while you decide on next steps.

Typical timelines

A straightforward pre-nuptial or post-nuptial agreement can usually be completed within six to eight weeks, depending on how quickly disclosure is exchanged and how much negotiation is needed. Because of the twenty-eight-day guideline, it is best to start at least three months before your wedding date.

What to prepare

Bring a list of your assets and debts with approximate values, recent pension statements, details of any property you own and how it is held, and information about any gifts or inheritances you expect to receive. Think about what you would want to happen if the relationship ended, and about any circumstances, such as having children, that might make you want to review the agreement later.

Common worries

Couples often worry that raising a pre-nup suggests a lack of trust. In practice, many find the conversation brings clarity and reduces anxiety about the future. Another common question is whether agreements are binding. In England and Wales, a court is not strictly bound by them, but following the Supreme Court's decision in Radmacher v Granatino, a properly prepared agreement that both parties entered freely, with full understanding, will usually be upheld unless it would be unfair to do so.

When to get advice

Seek advice as early as possible: months before a wedding, before moving in together if you are buying property, or soon after separating if you want to record temporary arrangements. Reviewing an existing agreement is also sensible after a major life change, such as the birth of a child.

A sensible, honest approach

Discussing an agreement with a partner can feel awkward. Paulette's calm, approachable style helps keep conversations constructive, and her practical experience means she focuses on terms that are realistic and likely to stand up if ever tested.

Frequently asked questions