Prenuptial Agreements: Should You Consider One?

A prenuptial, or pre-civil partnership agreement (often called a “pre-nup” or “premarital agreement”) is a contract entered into by a couple before marriage or civil partnership. It typically outlines how their assets, debts, and other financial matters will be divided in the event of a divorce or dissolution.

Although not the most romantic of solutions, pre-nups are worth considering if:

• One of the parties wishes to protect family wealth.
• Ensuring that inheritance stays in the family for future generations.
• Protecting assets acquired before marriage.
• Protecting a business.
• Great inequality of wealth between partners.
• Protect funds for children from a previous relationship.
• Avoiding lengthy legal battles, although the pre-nup does not always guarantee a faster resolution.

Pre-nups are not legally binding on the courts, but they are increasingly persuasive as they are seen as evidence of the parties’ intentions. The court retains its ability to change the terms or override the agreement if the effect of the agreement is deemed unfair. However, a pre-nup can have a major influence on financial provision.

Courts may give them weight if certain conditions are met, such as:

• Full Financial Disclosure;
• Independent Legal Advice;
• Time – as the agreement is entered into at least 28 days prior to the marriage.
• Changing Circumstances – such as the birth of a child.
• Fairness – not leaving one party in a significantly disadvantaged position.
• No Duress – both parties should enter into it voluntarily.

Even with a pre-nup in place, a court has the discretion to override it if circumstances have changed, making the agreement unfair.

Pre-nups often contain clauses relating to:

• Property and financial separation;
• Spousal maintenance, or alimony;
• Division of responsibilities;
• Child inheritance;
• Forum selection and choice of law;
• Sunset provisions.

How can BWK Solicitors help?

Our Family Department has a wealth of experience in all aspects of Family Law including prenuptial agreements. We offer supportive, compassionate and down-to-earth advice, helping you achieve the best possible outcome for you, and your family.

Our Family Department has a wealth of experience in all aspects of Family Law including prenuptial agreements. We offer supportive, compassionate and down-to-earth advice, helping you achieve the best possible outcome for you, and your family.