Prenuptial Agreements
Prenuptial Agreement Solicitors
Prenuptial agreements (also known as prenups) are signed by a couple in anticipation of marriage. They provide clarification on how they wish to deal with financial arrangements, both during the marriage and in the event that there is a marriage breakdown. The parties may also wish to deal with other non-financial arrangements in the agreement, for example in relation to the upbringing of any children.
Prenuptial agreements can be extremely useful to anyone entering into a marriage where they already have an amount of wealth and wish to preserve their financial assets in the event of a marriage subsequently failing. It is extremely important that the prenuptial agreement is prepared correctly if it is to have a significant effect in any divorce settlement.
It is also important that if there are changes in the parties’ circumstances, the terms of the original prenuptial agreement are reviewed with the consent of both parties.
Are prenuptial agreements legally binding?
Contrary to popular belief, prenups are not binding under English law. However, sensible and reasonable agreements are increasingly determining the type of financial settlement made by the judge in divorce proceedings.
English law is therefore now leaning in favour of upholding prenuptial agreements if it was freely entered into by each party with a full appreciation of its implications.
When should I make a prenuptial agreement?
If you decide to get married but don’t draw up a prenuptial agreement, then once you are married all your assets will be combined, regardless of whether they are just in your name or in both your and your partner’s name.
This means that if you get divorced then the assets you acquired both before and during the marriage won’t necessarily pass straight back to you. Usually, the Court will use a 50/50 split of all the assets as a starting point, whilst taking several factors into account such as the length of the marriage, the contribution each party has made, the health of each party and your standard of living to determine the final settlement.
By drawing up a prenuptial agreement before getting married, you can ensure that your assets are protected in the event of divorce.
A prenuptial agreement should be signed at least 28 days before the date of the wedding to avoid duress.
What is included in a prenuptial agreement?
Prenuptial agreements are tailored specifically to your situation and often include an inventory of each of your assets and information on how these will be treated during the marriage and how they will be split if the marriage breaks down. You can also include details of assets that you do not want to split upon divorce.
Prenuptial agreements usually include assets such as:
- Income
- Savings in bank accounts
- Property held individually or jointly
- Pensions
- Stocks and shares
- Inheritance
- Business interests
- Items of sentimental value
- Family trusts
What is not included in a prenuptial agreement?
Factors that cannot be included in a prenuptial agreement are:
- Decisions on child support and child custody
- Waivers of child maintenance
- Lifestyle matters
- Personal matters
- Illegal or unfair matters
- Provisions that are unfair/fail to meet the basic needs of one party
Do you need a lawyer to draft a prenuptial agreement?
Whilst you can draw up a prenuptial agreement yourself, if the court finds that it does not meet their requirements then it could be invalid or unenforceable.
It is also a requirement that each party seeks independent legal advice prior to drawing up the prenuptial agreement to ensure that the agreement is fair and reasonable, no undue pressure is being put on one party or the other to sign the agreement, all assets are disclosed by each party, and both parties understand the nature and implications of signing the prenuptial agreement.
Why use Rothera Bray for prenuptial agreements?
Our experienced team of family solicitors have the knowledge and expertise to prepare prenuptial agreements that will stand up in court.
We will ensure the agreement is fair and reasonable and that both parties fully understand its implications.
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