First Law Solicitors

Prenuptial Agreement Advice from Family Solicitors

A Prenuptial Agreement also referred to as a Prenup, is an agreement between two people before their union or civil cohabitation. It provides a way for their assets, property, and funds to be shared if the marriage fails or they divorce. Although negotiating a prenuptial agreement in the UK can be uncomfortable before marriage, a well-drafted agreement can provide clarity, security, and peace of mind for both parties.

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About Prenuptial Agreements

Potential Purpose Of Prenuptial Agreement

The main goal of prenuptial agreement is to secure the interests of both of the partners, and avoid conflicts in case of separation. It helps to:

Insure against pre-marital holdings, e.g. property, savings, or investments.
Protect family firms, estates or inheritances.
Make sure of just financial terms in case of ermination of relationship.
Be forthright with the financial expectations in the marriage.

Prenuptial agreements are especially helpful when one of the partners possesses much more resources and in case one or both partners have children of the former relationships and do not want to lose their inheritance.

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What May Be in a Prenup?

A prenuptial agreement may involve several areas of financial and property issues, which include:

Acquisition and segregation of homes, property and land.
Savings, pension, and investment distribution.
Liability to debts and liabilities.
Safeguarding of business or family property.
The provisions of spousal maintenance on separation.

That notwithstanding, prenups are incapable of determining how children will be taken care of in terms of custody and child support because they should always serve the best interests of the child and are subject to court review.

Are Prenuptial Agreements Binding in the UK?

Prenuptial agreement is not necessarily enforceable in the UK law. A recent development, however, is that since the ground-breaking case of Radmacher v Granatino (2010) courts have been quite ready to enforce prenups so long as they are subject to some condition.

To be considered as having legal weight, a prenuptial agreement must:

Neither of the two was pressured or coerced into entering into the agreement.
Insert complete financial disclosure on both ends.
Be just and reasonable when it was signed, and when it is to be enforced.
Signed long before the wedding (at least 28 days before).
Have the independent legal advice on both sides.

When these requirements are fulfilled, the court is likely to pay considerable weight to the agreement in coming up with a financial settlement in case of divorce.

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How We Can Help

We offer prenuptial agreement advice that is always clear, confidential and customized at First Law Solicitors to shield your interests and lessen uncertainty in the future. The highly qualified family law solicitors will make sure that your contract is reasonable, comprehensive and that it is written to the current legal standards.

We also help with Postnuptial Agreements (written after you are married) but can also revise or revisit your current agreement in case your situation alters.

The need to have a legal and sound prenuptial agreement that can secure your future is something that can be achieved when you contact First Law Solicitors and seek the services of an expert to help you create a prenuptial agreement that is legal and beneficial in securing your future.