Our specialist family solicitors can advise you on all aspects of marriage and civil partnerships, including prenuptial agreements. Please contact us for advice.
A prenuptial agreement is a written agreement which a couple enter into prior to getting married or entering into a civil partnership. The agreement sets out exactly how their assets will be divided should they later separate or divorce.
The most common use is where one partner has substantial wealth prior to the marriage, and seeks to protect that wealth in the event of the marriage failing.
As an example, when someone has existing family wealth which has been passed down to them, or they have an expectation of inheriting that wealth during the marriage, they may wish to protect that future inheritance to ensure that it stays in their family.
Prenuptial agreements are not currently legally binding in England, however that does not mean that they are not worthwhile.
In general, as long as the creation of the prenuptial agreement was done following certain guidelines and safeguards, then a Judge is likely to uphold it when overseeing a divorce case.
The following safeguards should be met, to maximize the chance of a prenuptial agreement being valid:
For more information on prenuptial agreements, please contact us.