It may seem cynical to consider worst case scenarios before you’re even married but, if the pandemic has taught us anything, it’s how quickly everything can change. Getting a prenup doesn’t mean there’s anything wrong with your relationship, or that there ever will be - it just means you’re preparing for all eventualities.

Whatever your reasons, making a prenuptial agreement is a big decision. North Ford Solicitors are here to explain the basics and help you work out whether it’s right for you.



What is a prenuptial agreement?

A prenup is an agreement made by a soon-to-be-married couple which sets out how they want to divide their assets in the event of a divorce. Its main goal is to clarify expectations about your future and protect what’s yours, in case the marriage doesn’t work out.

Prenuptial agreements are often associated with the rich and famous or perceived as unfair, pointless, and unromantic. In reality, they are a sensible, transparent way to ensure that both parties are on the same page about what lies ahead of them, whether the marriage ends in divorce or not.

Why get one?

It’s natural to want to focus on the happily ever after, but marriage is not just a fairytale - there is a business side to it as well, as with romantic commitment comes financial commitment.

Some people just like knowing there’s a fair plan, to which both parties have contributed and agreed, in place - just in case. Divorces are difficult enough as it is, without having to fight about who gets what after the separation.

For people with assets, wealth, a higher income, or children, however, more is at stake and so a prenup is worth considering. It offers protection and a sense of security for the future, as well as clarity and transparency for both partners about their new financial situation.

Other potential factors include:

●     Someone owns a business

●     There are debts involved

●     Protecting expected future inheritance(s)

●     Children and/or pets are involved

The legal stuff

Prenuptial agreements are not automatically legally binding in UK law, but they will be upheld by UK courts if they meet certain criteria:

●     It was freely entered into

●     The implications are understood by both parties

●     It’s fair to everyone

●     It’s contractually valid

●     It was made at least 28 days before marriage

●     There was full disclosure about wider financial circumstances

●     Both parties received independent legal advice

●     It does not prejudice any children

●     Both parties’ needs are met

An upheld prenup may not be followed exactly, as it is still up to the court to decide what happens to finances when a couple divorces, but it is likely to influence the outcome. A judge will want to be sure that neither party was pressured, they both understood exactly what they were agreeing to, and were fully aware of each other’s financial situation. Therefore, it is absolutely crucial that both parties seek independent legal advice when drafting a prenup.

If you’re considering a prenup, North Ford Solicitors will be happy to provide the legal guidance you need to satisfy these criteria and get that much needed peace of mind before the big day. For more information on our family law services, visit our website or contact us today.