On the pre-wedding checklists of many couples is a prenuptial agreement. Not as romantic as buying wedding dresses or rings, but agreeing to a prenuptial agreement has been increasing in popularity in recent years, so that if a marriage ends, there is less paperwork and distress in the divorce proceedings.
While prenuptial agreements are not currently ‘legal’ in the UK at the time of writing, divorce solicitors and courts are becoming more accepting of their place in the system and many judges will give leniency to what has been agreed by the couple prior to their marriage.
If you and your partner decide to have a prenuptial agreement, our family solicitors in Amersham can help you.
What is a prenuptial agreement?
A premarital or prenuptial agreement (also called a prenup) is a written and formal agreement between two people prior to their marriage. It clarifies, in the event of their marriage ending, who will have ownership of their belongings, such as housing, money and other assets. For a prenuptial agreement to comply with UK law, you will need to have it drawn up by a qualified solicitor; as our family solicitors in Amersham are qualified in all areas of family law, we can draw up a prenuptial agreement with ease to whichever specifications you request.
Although they are not legally binding in the UK at present, many divorce courts will accept them as binding unless they are ruled to be unfair towards one partner or other. Our family solicitors in Amersham have dealt with many prenuptial agreements, through divorces and so, if you and your partner are looking to divorce, we can help you resolve any prenuptial asset issues relating to ownership.
The process of drawing a prenuptial agreement
Although it is not a legal document in the UK, it still requires a great deal of professional legal knowledge to create a prenuptial agreement that will be accepted by a divorce court if required.
However, there are other areas that need to be considered too by both you, your partner and your solicitor.
Separate solicitors when you are both looking for a solicitor for your prenuptial agreement, to avoid a conflict of interest, it is best if you have separate solicitors. If you don’t, this may weaken the prenuptial agreement at a later date.
Understanding the document it is important that your solicitors note that you and your partner both understand the agreement, that you are both aware of its implications and that you both voluntarily agree to it.
Correct dating your prenuptial agreement must be ready for both you and your partner to sign at least 21 days before you are due to get married.
Full disclosure both you and your partner must disclose all assets, joint or single, to be included in the prenuptial agreement. If said assets are not disclosed by one party or other, they may lose their entitlement to assets set down in the original agreement.