Pre-nuptial Agreements

What Are Pre-Nuptial Agreements?

The purpose of a pre-nuptial agreement is to clarify and ascertain exactly how assets and possessions should be distributed between partners should a marriage unfortunately break down. It is a written contract that is signed before a couple get married.

Is a pre-nuptial agreement legally binding?

Pre-nuptial agreements are not legally enforceable in the United Kingdom, but the courts do see them as influential. In a recent ruling, the fair distribution of assets can be assessed and governed by a pre-nuptial agreement – and they are becoming more and more popular.

The following guidelines must be adhered to when organising a pre-nuptial agreement to ensure it has standing in the event of a separation and divorce.

1 – Independent legal advice should be sought by both parties.
2 – There should be full financial disclosure and details should be provided on income, assets and liabilities to your solicitor.
3 – The Agreement should, ideally, be completed 3 months before the marriage.
4 – There should be no undue influence imposed by either party.

What should your pre-nuptial agreement contain?

What your pre-nuptial agreement contains is completely up to you and will depend on your assets and individual circumstances. Some of the most popular things a pre-nuptial agreement covers are:

1 – Details as to how your property will be divided.
2 – Details relating to the division of the monies held in your respective bank accounts.
3 – Details concerning how you wish to divide your stocks and shares.
4 – Clarification as to which assets are owned jointly and which are owned by a sole party.
5 – Clarification as to whether one party will pay a sum of maintenance to the other party.

Our Pre-nuptial Agreement Services

Pre-nuptial agreements can be useful in minimising disagreements, difficulties and possible litigation. Should the relationship come to an end, having a pre-nuptial agreement in place will ensure you are protected and that any arguments can be solved quickly and easily.

To talk to a prenuptial (pre-nup) solicitor today, contact us on the details below. We will make no charge to talk to you initially.

Go back to find out more about other aspects of Family Law or click for more Separation and Divorce Guidance.

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Email us: enquire@bbc-law.co.uk