Prenuptial agreements: what they do and who needs them

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Nobody gets married with separation on their minds, but the sad fact is, more than 100,000 couples in the UK divorce every year, according to the most recent Office for National Statistics figures. As a result, an increasing number of couples are taking a more pragmatic approach to the way assets should be divided in the event of a split.

One way of doing this is through the use of a prenuptial agreement, also known as a prenup. Rebecca Massam, family law expert at Warners Solicitors in Kent explains the benefits of a prenuptial agreement.

What is a prenuptial agreement?

A prenuptial agreement is a document, agreed by a couple before their wedding, which sets out how a want to divide their assets if their marriage breaks down.

Making a prenuptial agreement allows couples to discuss their views and express their wishes for how financial matters would be resolved in the event of a divorce. In the absence of a prenup, the couple risks a battle over assets and if they cannot later agree everything will be divided according to the diktat of the court.

Prenups are particularly useful where assets would be difficult to split on a 50/50 basis, if you want to protect a business or inherited wealth, if either party has children from a previous relationship they want to provide for, or if you want to make sure you will not be liable for a partner’s outstanding debts.

What can a prenup include?

Prenups should be specifically drafted to reflect your personal circumstances but could include clauses covering:

Conditions

The prenuptial agreement must be freely entered into; both people must fully understand the implications of the agreement; and be encouraged to take independent legal advice before signing.

How we can help

The specialist family law solicitors at Warners have a wealth of experience in drawing up bespoke prenuptial agreements to fit the needs of particular couples. We can ensure that:

For further information on prenuptial agreements or advice on any other family law matter, please contact Rebecca Massam on 01735 747900 or r.massam@warners.law. Warners Solicitors has offices in Sevenoaks and Tonbridge, Kent.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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