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Home / Expertise / Services for individuals / Prenuptial Agreement Solicitor

Prenuptial Agreement Solicitor

While planning your wedding you may find yourself considering protecting your assets in the event of the breakdown of your relationship, and you are not the only one. The number of people looking for a prenuptial agreement is increasing. In fact, 1 in 5 weddings in the UK involve some sort of legal agreement. 

What is a prenup?

A prenup agreement is a legal agreement between two people that is signed before they get married or enter a civil partnership. It protects pre-existing wealth and business interests. This will stipulate how all assets and, in some cases, liabilities will be distributed in the financial settlement in the event of divorce. 

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Prenup pros and cons 

Pros

  • They protect individuals' wealth - Typically one person in the marriage has a higher net worth than the other. This can be due to involvement in a family or privately run business or from a previous marriage. Implementing a prenup can also protect other family members' and colleagues' finances, as they won’t be affected in the event of a marriage breakdown.
  • They provide clarity - Prenups can ease fears about losing any assets that they, their partner or family members have. Prenups can often take place due to parents insisting on one before they gift property, business interests or money. 
  • They protect future assets - You may expect to acquire assets, business shares or inheritance in the future which you may want to protect. 
  • Children can be protected - Prenups can help ensure children from previous relationships are looked after financially. 

Cons 

  • They can be seen as unromantic - When prenups are suggested the other party may feel as if they are not trusted, or they may view it as preparing for the end of the marriage before it’s even begun.
  • Terms can become outdated over time  - Circumstances can change over time. For example, your financial status may change or you may have children, so the terms of the prenup agreement become outdated. 
  • One party may feel pressured into agreeing with the terms of the prenup - to be valid, both parties must seek legal advice before signing a prenup, so that both are comfortable with the terms and conditions of the agreement. 
  • They can be costly and involve legal complexities - Prenups require legal expertise to ensure they’re enforceable and in line with UK law. 

Should I get a prenup?

Prenuptial agreements tend to be made by couples with an imbalance of wealth, whether big or small, are expecting to inherit money, or want to protect their children from a previous marriage. Prenups can help take some of the difficulty and pain away from a divorce as one another's wealth is protected. They also allow you to decide who keeps which assets in the event of a marriage breakdown along with how jointly owned assets can be divided. 

Talking about what may happen if you get a divorce can be uncomfortable, but can help in the long run. Obtaining a prenup is entirely your choice, but should never be signed if you don’t agree with the conditions or feel forced into signing one.

Prenup vs postnup

A prenup is an agreement between couples who are engaged to be married about who gets which assets if they get divorced. 

A postnup works in the same way, but takes place after couples are married. Discover more about postnups. 

Navigating a prenup with Wright Hassall

It’s important to get legal advice from a prenup solicitor as early as possible to ensure your agreement is valid. 

Our family law team has decades of experience and has the knowledge, skills and compassion needed to handle your prenuptial agreement with care, ensuring it meets the needs of both parties. Our corporate and commercial teams can also advise you on business assets in conjunction with family law advice if needed.

Get in touch with us today to see how we can help you.

FAQs

  • Can you write your own prenup in the UK?

    It’s generally possible to write your own prenup, however there can be a few issues with this, such as:

    • A lack of knowledge of the law can lead to the prenup not being enforceable.
    • Without legal advice, mistakes can be made, making the agreement unenforceable and invalid.
    • The absence of legal advice can lead to the agreement being one-sided and unfair and may make it unenforceable.
  • What should a woman ask for in a prenup?

    Prenups are requested by both men and women. When asking for a prenup, the following should be covered:

    • Assets and property divisions - This includes deciding the percentage of money from joint accounts each party gets, deciding how stocks and shares should be divided, which assets each party gets and much more.
    • Housing arrangements - This could involve deciding who gets the house or main residence.
    • Debt protection - This could protect one party from the other’s debt.
  • What cannot be included in a prenup in the UK?

    Several things cannot be included in a prenup in the UK, such as:

    • Child support or maintenance.
    • Personal matters.
    • Lifestyle matters.
    • Child custody or child arrangements, including visitation rights, religious upbringing and schooling.
  • Is a prenup legally binding in the UK?

    Prenups are not legally binding in the UK as of yet. However, courts are becoming increasingly willing to abide by the terms of a prenup. For a court to consider your prenup as binding it must meet the following conditions:

    • Each party has taken legal advice regarding your rights and the implications of the agreement.
    • All assets and liabilities have been fully disclosed.
    • The agreement allows for future family changes. This could include having children or someone becoming seriously ill and/or unable to work.
    • Neither party has been unduly pressured into signing the agreement.
  • Can you get a prenup after marriage?

    If you’re looking for a prenup after marriage, you’ll need to obtain a postnup. It works in the same way as a prenup but takes place after marriage rather than before. Discover more about postnups.

  • What happens if you sign a prenup and get divorced?

    Many courts take prenups into account during a divorce. The judge will investigate its integrity and the circumstances it was agreed upon. This will be used to decide whether it will be upheld in court.