How a bespoke pre-nuptial agreement preserved £5 million in assets, protected two families’ legacies, and kept wedding plans blissfully stress-free.
For context:
When Fiona* became engaged to Michael*, she wanted to ensure that her financial legacy for her children was secure, without creating tension in her soon-to-be blended family. Both Michael and Fiona had been married before, and while they jointly owned a valuable property, most of the equity came from Fiona’s pre-acquired assets. Michael’s wealth was smaller in capital value, but his annual income was close to £1 million. Fiona wished to preserve her assets for her children, while Michael aimed to build his own wealth during the marriage to leave to his children. The challenge lay in balancing these wishes with a smooth integration of two families, avoiding disputes that could overshadow their future together.
What happened next:
Although there was already a declaration of trust detailing unequal ownership shares in the property and how Michael would gain a larger share over time, marriage would typically override such an agreement. Fiona sought advice on ensuring those arrangements remained intact. Tees family law Partner, Helen Midgley, advised and negotiated a tailored pre-nuptial agreement that:
• Ring-fenced Fiona’s pre-existing assets;
• Provided a fair cost-sharing arrangement for household and living expenses, reflecting the couple’s different income levels; and
• Incorporated and protected the original declaration of trust so it would survive marriage and apply in the event of divorce.
Through careful, collaborative negotiations with Michael’s solicitor, the process remained amicable and constructive.
Giving you the full picture:
This case showcased Tees’ ability to combine deep legal expertise in family law with a sensitive, strategic approach to complex asset protection. By seamlessly integrating the pre-nuptial agreement with an existing declaration of trust, Tees delivered a solution that was legally robust, financially fair, and emotionally considerate. The outcome preserved the couple’s mutual respect, protected assets worth £5 million, and allowed both Fiona and Michael to enter marriage with clarity, security, and confidence in their shared future.
*Names have been changed to protect the privacy of our client and her family.
