Prenuptial (Prenup) Agreements Solicitors
With more than half of all marriages that take place this year destined to end in divorce, having a prenuptial agreement is a wise decision. Family law solicitors not only help couples who are separating and divorcing, but they can also assist couples to create a robust and stable base for their marriage by drawing up a prenuptial agreement.
Prenups are not weapons to use in the event of separation. When used well, they are a way of creating an understanding of expectations and responsibilities that can help prevent future disagreements.
Family Law and Prenuptial Agreements
Prenuptial Agreements are not enforceable under UK family law but that does not mean they are worthless. Even though they are not legally binding, providing both parties have been honest with the financial information they disclosed when it was written, and entered the agreement without being forced or coerced, a judge will usually uphold the details of a prenuptial agreement in a divorce.
What Prenuptial Agreements Cover
Prenuptial agreements are unique to the couple and can include any details they want it to. Typical points included are:
- Financial details of what each party has at the start of the marriage regarding money and assets, as well as what will remain in their ownership in the event they divorce
- How one party will financially provide for the other if they separation
- Where any children will live, how they will be parented, and who will provide financially for them
Benefits of Prenuptial Agreements
Prenups are useful in showing the couple’s intentions and what they agreed at the start of their marriage. They make it difficult for one party to go back on a promise, for example, a husband promising to financially support his wife if she leaves her career to look after their children.
Although they are not legally binding, having a prenuptial agreement can make the process of separation and divorce smoother as important aspects will already have been discussed and agreed. Prenups provide the basis for maintaining an amicable relationship despite doing through a divorce, and a court will respect a prenup as evidence of the couple’s wishes.
The most significant decisions a couple will face are about money, children and family, and where to live. Discussing these and planning for the future will help prevent arguments and disagreements arising from unrealistic expectations and mistaken beliefs.
Any information regarding property ownership and asset distribution should also be reflected in the couple’s wills. These are legally binding, and so anything stated in the last will and testament will take precedence over what is in a prenup.
Civil Partnerships and Post-Nuptial Agreements
Family solicitors can also draw up prenuptial agreements for couples entering a civil partnership. The process and legal details are the same as for a prenuptial agreement.
Post-nuptial Agreements are written after a couple is married. They may be a completely new agreement if their circumstances have altered considerably or can be an amendment to an existing prenup. A lot can change over years of marriage, and it is worth reviewing your prenup intermittently to ensure it is still relevant for you.
If you require further family law advice or information about prenups, contact your family solicitor for guidance.
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