A Prenuptial Agreement also referred to as a Prenup, is an agreement between two people prior to their union or civil cohabitation. It provides a way on how their assets, property, and funds will be shared in case the marriage fails or they become divorced. Although a prenuptial agreement can be uncomfortable to negotiate prior to being married, an agreement written well would provide clarity, security, and tranquility to both parties.
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:
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.
A prenuptial agreement may involve several areas of financial and property issues, which include:
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.
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:
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.
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.
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