Prenuptial Agreements

What is a prenuptial agreement?

A prenuptial agreement (or pre-nup) is made before a marriage and is created with the intention that should the marriage breakdown, that you have declared your intentions as to how your assets and finances will be dealt with on your separation. A pre-nup must be entered into freely by both parties. The agreement must be created by your own free will and for you to have disclosed to each other, assets held by you both at the time that you have entered into the agreement. A prenuptial agreement can help protect you in relation to a wide range of areas including (but not limited to):

• Property and ownership rights
• Financial protection of children from a previous marriage
• Inherited assets
• Separate business interests
• Future liability in relation to maintenance and financial claims from each other
• Assistance in avoiding long and expensive court proceedings

This is not an exhaustive list, as there are many varying considerations in these kinds of cases. Our solicitors will work with you to determine what kinds of finances, assets and property you need secured. A pre-nup has to be drafted up by a solicitor to meet UK law specifications. Both parties should have a separate solicitor so that your assets and best interests are protected.

Can I get a prenuptial agreement if I am already married?

If you are already legally married but you wish to have a pre-nup drawn up, there is another option called a postnuptial agreement. This is essentially the same as a prenuptial agreement but it can be made after entering a marriage.

Many of our family lawyers are members of Resolution, a specialist family lawyers organisation which ensures that you will receive constructive support from a professional. They have been accredited as specialists in financial matters relating to divorce and can provide you with all the advice you require on drafting up a prenuptial or postnuptial agreement.

Are prenuptial and postnuptial agreements legally binding?

Currently neither prenuptial nor postnuptial agreements are legally binding under UK law. However, in the event of a relationship breakdown and divorce, they will be seriously considered by the Court as they provide strong evidence. Although an agreement can technically be waived if it is deemed to be unfair, it can still help to keep your case out of court and can help things along saving you stress and time.