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What is a pre-nuptial agreement?
A pre-nuptial agreement is a document signed before marriage, that sets out the couple’s wishes about money, property and children in the event of divorce. It will be effective from the day you get married. A couple who plan to marry may wish to have a pre-nuptial agreement drawn up, particularly if:
one party has substantially greater assets or income than the other, in the UK or abroad
one or both of you want to protect assets you owned before marriage, including business assets, inheritances or family trusts
one or both of you has children from a previous marriage or relationship and wants to protect personal assets for inheritance purposes
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What can a pre-nuptial agreement cover?
Your pre-nuptial agreement will be tailored to your specific circumstances, so we may cover anything you require. We will advise you on what types of provisions are unlikely to be upheld by the court, in the event of a divorce. The focus of the agreement will be family finances, and there are a number of issues we would cover which usually arise on divorce, including:
property or assets that either of you owned before the marriage
the home that you live in
gifts, property given to you or inheritance received during the marriage
money from joint bank accounts
money saved or earned during the marriage
jointly purchased property
personal belongings or possessions owned before the marriage, or acquired during the marriage
pensions
debts
maintenance payments for either party and or any children of the family
with whom the children will live
what will happen if either party passes away during the marriage
A pre-nuptial agreement can set out what who will keep what or how it will be divided if you divorce.
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Are pre-nuptial agreements legally binding?
There is a general checklist that the courts can consider when deciding whether to uphold a pre-nuptial agreement:
