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Prenuptial Agreements

What is a prenuptial agreement?

A prenuptial agreement is a formal agreement entered into by a couple prior to a marriage (or civil partnership). The document sets out how the couple’s assets will be divided in the event of a divorce or separation.

Why have a prenuptial agreement?

Prenuptial agreements are often used when one partner has a substantial wealth prior to the marriage and seeks to protect that wealth in the event of the marriage failing.

As an example, in some cases, a couple will sign a prenuptial agreement to protect existing family assets which they intend to pass on to any children. If a family has substantial wealth, and one partner has an expectation of inheriting that wealth during the marriage, they may plan to protect that wealth by making a prenuptial agreement.

Is a prenuptial agreement legally binding in England?

Prenuptial agreements are not legally binding in the UK at present, however that does not mean that they are of no use.

A judge is likely to take a prenuptial agreement into account when overseeing a case and is likely to uphold it, as long as certain safeguards have been met.

Recent cases show that prenuptial agreements are being upheld in many instances. For an agreement to be upheld, the following safeguards should be met:

If you would like to discuss an issue with one of our family law solicitors, please contact us and one of our specialist team will be happy to advise you.

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