Prenups—Everything You Need To Know About Them In The UK

A prenuptial agreement, or ‘prenup’ for short, is a written agreement that’s created and signed by a couple before they get married. Typically, a prenup agreement lists down all the properties and assets owned by each person involved and defines each person’s property rights if the marriage were to not work out.

There are some countries where the prenuptial agreement is also popularly known as an ‘antenuptial agreement,’ or a ‘premarital agreement.’ If you’re living in the UK, here’s everything you need to know about them in the country.

Are Prenups Legally Binding?

In England, nuptial agreements are not legally binding; however, having said that, if certain conditions aren’t upheld or met, they can certainly be influential. The rule of thumb in the UK court of marital law regarding prenups is that the court will give a prenup precedence if it was entered into willingly by both parties knowing and understanding the implications, unless there is a circumstance where it wouldn’t be fair to do so.

A huge part of the prenuptial agreement being legally binding boils down to fairness. Therefore, it is important to consider the best interests of both parties when drafting it.

Are There Any Benefits To Having Prenups Or Postnups?

A thoughtfully drafted prenuptial or postnuptial document (which is the same thing as a prenup, but for already married couples) can protect the wealth you had before getting married or the wealth that you received during marriage or because of a civil partnership in the case of inheritance being split between both parties in on divorce.

This agreement can also be used to limit the spousal maintenance obligations in case of there being divorce proceedings. Postnups also come in handy for limiting certain issues that a couple might face in their marriage period.

What If I Don’t Have One?

Going into a marriage without a prenuptial agreement means you’re leaving financial decisions to the court. If it comes to that, the court will be sure to make any decisions as fairly as possible for both parties involved taking into account all the circumstances.

How We Can Help

At Wembley Solicitors, we’re committed to giving you expert legal advice at affordable rates. Our highly trained and experienced team of legal representatives conform to a strict ‘fixed-fee’ policy that ensures that there are no hidden costs or nasty surprises.

Our team follows a client-focused approach, working closely with you to understand your problems and building a custom legal solution that will help you better navigate your particular situation.

To reach out to us regarding prenuptial advice, call 020 3417 3700 or contact us here, and we will connect you with one of our representatives. Our team deals with personal injury law, family law, and entrepreneur visa applications.

 

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