A prenuptial agreement is a document made by a couple before their marriage (or Civil Partnership) which sets out how their assets will be dealt with upon divorce/dissolution.
We take out life insurance as a sensible step in case the worst happens; we wouldn’t dream of driving a car without insurance and we certainly wouldn’t go skiing without travel insurance. In fact, everything we do in life is tied up in contracts and disclaimers. So why don’t we think the same way about marriage? In much of Europe and the US Pre-marriage (sometimes called Antenuptial or Prenuptial Agreements) have become the norm proving that they are not just for the rich and famous. However, in England and Wales we seem to be far more reserved often dismissing the idea out of hand as “unromantic and pessimistic”.
A Prenuptial Agreement (also known as a ‘Pre Marriage Agreement’) is a document made by a couple before their marriage (or Civil Partnership) which sets out how their assets will be dealt with upon divorce/dissolution. They establish who comes out with what.
A Prenup is not essential for everyone. However, if you find yourself in any of the following circumstances it is at least worth considering:
Following a landmark decision in the Supreme Court, in effect, prenuptial agreements are now binding unless they are considered by the court to be unfair. A list of factors have to be looked at by the court when considering the weight to be placed upon any prenuptial agreement in the event of a divorce such as whether any pressure was exerted upon the other to enter into the agreement amongst other things.
A Prenuptial Agreement is a bespoke document and as such should always be drafted by an experienced family lawyer.
We take a solution-focused approach to helping you put in place a prenuptial agreement:
Our specialist team prefer to advise clients on pre-relationship agreements using the collaborative law model, as the process lends itself to open, honest discussions. The Collaborative Model can help achieve transparent, open and focused discussions where different scenarios can be ‘reality checked’ and decisions reached that both parties are comfortable with.