A pre-nuptial agreement, or “pre-nup”, is a document signed by two people before they get married or enter into a civil partnership, setting out how their possessions and assets will be divided if the relationship breaks down. Pre-nuptial agreements are not currently legally binding in the UK, but they are being increasingly taken into account by the courts and can be very influential in determining who gets what in the event of a divorce.
Pre-nuptial agreements can be particularly useful if:
- You have significant assets you want to protect, eg a home, business or savings
- You have children from a previous marriage and want to protect any assets or legacies they may have
- You’ve been married before and want to avoid some of the problems caused by divorce and division of property.
The content of pre-nuptial agreements can vary widely. It really depends on what you would like to safeguard. Its main features usually include provisions for the division of property, bank accounts, savings and any other financial assets you want to protect.
For a pre-nuptial agreement to work, both parties must be willing to enter into the agreement and receive independent legal advice from different solicitors. There must also be a full and open disclosure on both sides about your financial circumstances. Without these elements, the agreement will not be considered valid by the court.
We can provide you with expert legal advice to help you decide whether a pre-nuptial agreement is suitable for you, and help to draw up an agreement that protects the things that are most important to you.
If you think that making a pre-nuptial agreement may help you, please contact us today.