A legal document might be the last thing on your mind in the run up to your wedding or civil partnership but a Prenupital Agreement is a sensible way to protect your assets before marrying. This removes doubt, worries and insecurities on both sides so you can focus on what is really important, knowing your interests and those of your partner are protected.
A prenuptial agreement offers peace of mind as to what happens to your own assets and any assets acquired during the marriage or civil partnership should the relationship break down. You may have family wealth, a pre-acquired business asset or property that you want to protect and a nuptial agreement can assist with that.
Prenuptial and Pre-Civil Partnership Agreements
A prenuptial agreement offers both parties an opportunity to clearly specify how their money, properties and inheritances are to be treated or ring fenced should the marriage break down. Some couples decide to have a one prepared after they are married or have entered into a civil partnership. These are known as postnuptial agreements and work in the same way as a prenuptial agreement.
Prenuptial agreements and postnuptial agreements are not 100% enforceable in the UK, but courts do seem to be taking them into account more and more these days providing they are fair and properly prepared. That includes:
- Ensuring a prenuptial agreement is signed at least 28 days before the date of your marriage or civil partnership ceremony
- There needs to be full financial disclosure
- You should both receive separate and independent legal advice
- You should make suitable financial provision for any children or future children
- The terms of the agreement should be fair and should be reviewed regularly to maintain fairness
- The agreement must comply with contract law
- Both of you must sign the agreement willingly and without pressure
Our specialist solicitors can guide you through the preparation of a prenuptial agreement to give you the best chance that a Court will uphold the agreement if your relationship subsequently breaks down.
Please contact our family law team to arrange a free 30 minute consultation using the quick contact form on this page, or call 0800 2800 421.