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Read more articles in: Blog, Family Law, Stuart Daniel

Prenups, petnups and postnups – What do you need to know?

When we think of entering a marriage or cohabiting, the legal aspects are often the last thing on our minds.

However, the growing popularity of prenuptial and postnuptial agreements, along with petnups, highlights the practicality of planning for various eventualities.

Prenuptial agreements (Prenups)

A prenuptial agreement, more commonly known as a prenup, is a legal document entered into before marriage or civil partnership. It details the divisions of assets, liabilities and financial responsibilities should the relationship end in divorce or dissolution.

Are prenups legally binding?

In England and Wales, prenuptial agreements are not yet recognised as legally enforceable contracts.

However, the courts are more likely to uphold a prenup, provided it is deemed fair, and both parties fully understood the implications when entering into the agreement.

Petnups

A petnup is a document much like a prenuptial agreement, however, it specifies the living conditions of pets should a divorce or separation occur.

While pets are often considered part of the family, pets are categorised as chattels, meaning they are classified as an item of personal property. In a technical sense, the individual who purchased the animal and to whom it is registered will retain ownership.

Currently, the only method to resolve a disagreement concerning the arrangement of pets and their living circumstances is through filing an application in Court.

Petnups are not fundamentally legally binding documents. Nevertheless, if it is meticulously planned and encompasses all the vital aspects of the pets’ living and care provisions, the Court will consider it when making a decision.

Postnuptial agreements (Postnups)

Postnuptial agreements are legal documents created after marriage or civil partnership, detailing financial and property rights.

Again, like prenups and petnups, while not strictly legally binding in court, they are given significant weight if executed voluntarily and fairly, with full financial disclosure from both parties.

Postnups offer clarity and certainty, providing a blueprint for asset division if the relationship ends.

They protect significant assets brought into or acquired during the marriage, such as inheritance and can help minimise conflicts over financial matters in case of divorce.

A postnuptial agreement can be tailored to a couple’s unique situation, making it a flexible tool that evolves with the relationship.

Seeking professional legal advice is strongly recommended to ensure compliance with the law and alignment with both parties’ interests.

Prenups, petnups and postnups represent a modern approach to managing relationships and assets in today’s ever-changing landscape. While not always legally binding, they can play a significant role in providing clarity and protecting individual interests.

If you need help drafting a prenup, petnup or postnup, please get in touch with our expert team today.

 

Stuart Daniel

Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.