Very simply, if you are considering getting legal advice and whether to have a prenuptial agreement, it is more likely than not to be in your interests to do so.
A prenuptial agreement is a type of insurance. It guards against the worst case scenario and helps, where there is a disparity in wealth on marriage, to reassure parties that they are marrying on a fair and equal footing. These agreements assist in providing a solid foundation for what everyone hopes will be a very long and happy union, whilst recording how property, assets, income and investments will be distributed in the event of separation and divorce.
The prenuptial agreement enables a couple to contract out of allowing a Judge to use their very wide discretion on divorce, to share the assets in a way the court considers “fair”. Instead, the couple agree how they would wish to share their assets, retaining control of the outcome should divorce follow.
How our prenuptial agreements solicitors can help you:
Initial no obligation consultation to enable you to decide whether a pre-nup is right for you and to advise you on costs
Sensitively negotiate the terms of the agreement
Resolve the Agreement quickly so you can focus on the big day ahead
Ensure maximum weight is attached to the agreement by following specific procedure in drafting and concluding the agreement
Contact our family team for an initial, no obligation, consultation on 01732 747900 or [email protected]
Can you get a prenup for a civil partnership?
Yes. They are known as pre-civil partnership agreements (pre-cips). The enforceability of a pre-cip follows the law in relation to prenuptial agreements.
Are prenuptial agreements legally binding in the UK?
No. In the strict sense of the law, they are not enforceable in the UK. However, as long as certain criteria have been met you can expect the prenuptial agreement to be taken into account and the terms will, most likely, be upheld by the judge.
To maximise the chances of the prenuptial agreement being held up in court :
must be freely entered into by both parties with no pressure to sign
it must have been made at least 28 days before the wedding
there must be full disclosure about the broader financial circumstances of each party
it must be fair
both parties must have received legal advice
it should include provisions for any children (including those not born yet)
Can a prenup be taken out after a couple is married?
No, prenuptial agreements are agreed to before marriage. If a married couple agrees, they can arrange for a postnuptial agreement outlining the ownership of financial assets if a divorce takes place.
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