Prenuptial Agreements

A prenuptial agreement (or ‘prenup’) is a contract entered into before a marriage or civil partnership to protect the division of certain assets and wealth should the relationship break down.

Prenuptial agreements are not only for those who are rich or famous. A prenuptial agreement can be a sensible way of protecting your best interests because no one can foresee the future.

Do I Need a Prenuptial Agreement?

In this country, prenuptial agreements are not automatically legally binding and cannot oust the jurisdiction of the Court. However, prenuptial agreements are considered in certain circumstances and can be a determining factor in any decisions made by the Court. You would never hope to have to use a prenuptial agreement; however, should circumstances arise, it may be of assistance.

In recent case law, the Court gave significant weight to prenuptial agreements entered into where it was evident that the couple had considered the terms and there had been meaningful negotiations with voluntary financial disclosure before the marriage, and where it was clear that they had an intention of dividing their assets and wealth following a relationship breakdown. This is why it is important to have correct and appropriate advice when drafting a prenuptial agreement. You can also enter into a postnuptial agreement. For more information, contact our family lawyers today on 01492 874774.