We understand that when planning your wedding or civil partnership, nothing will be further from your mind than relationship breakdown. However, you and your partner may find that a prenuptial agreement strengthens your relationship, offering extra security and peace of mind as you plan your life together.
A prenuptial agreement, often called a prenup, is drawn up before marriage. If you are already married, you can create a postnuptial agreement. The agreement is a written contract signed by both parties, detailing what happens to your finances and assets in the event that your relationship breaks down. It can guard against expensive and lengthy legal battles to determine what you and your partner will each walk away with.
Why enter into a prenuptial agreement?
- Protect any assets or money you may have inherited
- Protect against any debt your partner may have
- If you or your partner have experienced a difficult separation in the past
- If you need to protect business assets
- Preserve assets for your children from a previous relationship
- Protect a partner who brings significantly greater assets into the marriage
Will the court uphold a prenuptial agreement?
Whilst not legally binding, the court will generally uphold a prenuptial agreement if:
- Each party received independent legal advice before signing the agreement
- It was freely entered into
- Full financial disclosure was given at the time of creating the agreement
- It was signed at least 28 days (ideally, three months) before the wedding
- The agreement is fair and mutually beneficial to both parties and children, if any
A prenuptial or postnuptial agreement should be carefully considered and drawn up as soon as possible so that you both have time to review it before signing. Using a lawyer ensures that you are both advised on and understand the implications of the agreement and it is properly drafted, ensuring that it is as legally binding as it can be.
How we can help you
Our prenup solicitors can provide the advice necessary to help you draft a prenuptial or postnuptial agreement that is individually tailored to your circumstances and protects your future. We can:
- Advise you on what to include in the agreement
- Ensure the provisions are fair and detailed
- Advise on the measures you should take to ensure that, if the unforeseen occurs, your agreement stands the greatest chance of being upheld in a court of law
- Draw up the agreement
- Advise on your current prenup in the event of the breakdown of your relationship