Will The Courts Uphold Our Prenuptial Agreement?
"Prenuptial Agreements: Will The Courts Uphold Our Prenuptial Agreement? It is not uncommon for high net worth couples who met before they made the ‘big time’ not to have a prenuptial..."
If you are looking to get married, a prenuptial agreement is a great way of helping secure your finances and assets for the future.
While it may not be the most romantic aspect of marriage, making sure you are legally protected in the event you split from your partner gives you and your other half peace of mind for the future.
Guillaumes LLP’s family law team have significant experience in creating these documents and working with couples to ensure the agreement is right for both parties.
A prenuptial agreement (often referred to as a ‘prenup’) is a document outlining the split of finances and assets in the event of divorce.
This document is created before marriage to give both parties clarity and assurance as to how their finances and assets will be managed if they decide to divorce. However, a similar document can be created after marriage. This is known as a postnuptial agreement or ‘postnup’.
Some of the types of assets and income covered by the agreement can include:
There are many reasons to want a prenuptial agreement. This can include wanting clarity over your finances through to specifics such as wanting to retain inheritance, keep business income, or protect assets for your children.
Often, the split of assets is not straightforward, and having a prenup ensures both parties are clear on what they would be entitled to.
Whatever your reason for wanting a prenup, our prenuptial agreement solicitors are well equipped to create documents that are fair, comprehensive and, above all, clear.
A prenuptial agreement is not legally binding in the UK. It can, however, be used in a court of law providing it is a document that has been entered into with free will, and with clear implications as to its outcome for both parties.
It is often upheld when it is evident both individuals entered into the agreement willingly, and with the full understanding of its meaning.
This makes a prenuptial agreement a valuable document for couples looking for legal clarity on their assets and finances.
While there is no fixed date for when you should get a prenuptial agreement, the earlier you start the process the better.
Not only does it mean you will have plenty of time to discuss the terms with your partner, it means you are prepared as the document could take some time to create. This often depends on the complexity of your assets and finances.
As a prenuptial agreement is not legally binding in UK law, it is beneficial to ensure the process is begun months before marriage. This increases its validity in the eyes of the judiciary, as it is another indicator that it was carefully considered, not prepared the night before the wedding.
Many people wish to create their own document without the expert advice of a UK solicitor specialising in prenuptial agreements. This could be to reduce expected costs, or to simply save time.
We strongly advise against this. As a prenup isn’t currently legally binding, creating a document yourself greatly increases the risk the prenup would not be upheld in court. This could cost you more money in the long run and puts your income and assets at increased risk.
By using a prenuptial agreement solicitor such as Guillaumes LLP, you will benefit from the clarity and depth of the document, expert advice and the improved security that comes with having a bespoke, professionally prepared document.
Guillaumes LLP provide you with an individual service, tailored to your specific needs. This means when getting a prenuptial agreement with Guillaumes LLP, you will get a completely bespoke document, created entirely for you.
Contrary to many law firms, we are informal and friendly in our relationships with all of our clients. We can help you dispel many of the myths surrounding prenuptial agreements, and are always on hand to provide advice on both pre and post-nuptial agreements.
If you need a prenuptial agreement solicitor or family lawyer, please get in touch with Guillaumes LLP today by emailing us at firstname.lastname@example.org, calling us to discuss your options at 01932 840 111, or by filling out the contact form. Guillaumes are expert Family Law Professionals, knowledgeable in divorce court proceedings, and family property disputes, cohabitation agreements and more.