The meaning of a prenuptial agreement in the UK
A prenuptial agreement (sometimes called a prenup) is an agreement between two people about to get married. It is intended to outline the parties’ respective assets, especially if protection is required for a particular item.
A prenup takes off the heat if the marriage should fail by agreeing to certain aspects beforehand. Effectively, it is a ‘who gets what,’ but unfortunately, it is only sometimes that straightforward.
Prenuptial agreements are not as ‘final’ as a court order. It is not legally binding in England and Wales, but it is still strong evidence of what the parties intended.
What should be part of my prenup?
- The agreement should specify assets such as cash, shares, and pension and how they should be divided in the case of divorce.
- Who owns what property, and who will be entitled to it?
- A prenuptial agreement can also include clauses about spousal- and child maintenance.
A prenup is only worth the money you spend on it if it covers all the bases and contains no errors. An experienced solicitor must carefully draft such an agreement, as this area of English law can be full of nuances.
Therefore, the best way to ensure that your prenuptial agreement is binding and valid is to have a solicitor involved.
Our family law solicitors at Robertsons will ensure that the agreement provisions are fair and do not favour one party over the other. The wording used in the contract cannot suggest any bias, as it can be grounds for the prenuptial agreement to be invalidated. We advise people to each seek independent legal advice concerning their prenup to ensure the conditions are seen as fair and lawful.
