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“Till divorce do us part”- Is a pre-nup on your wedding to do list?

From a bride to be, to all my fellow couples who are also due to get married in the imminent future. I understand how “full-on” wedding planning can be, from deciding who will sit next to who at the wedding breakfast to the type of confetti that will complement the flowers- it is never ending isn’t it?

However, I doubt the unromantic topic of pre-nuptial agreements is on many of your wedding to do lists. This may be because you are afraid of bringing the subject up with your other half or you are unsure of the benefits of having a pre-nuptial agreement. I hope this blog will help you to decide whether you need to add a pre-nuptial agreement to your to do list before the big day.

 

The law

Pre-nuptial agreements are not legally binding in the UK, however, the Court is likely to uphold them if the following steps are followed:

  1. Both parties seek independent legal advice.
  2. Both parties provide full disclosure of their financial position.
  3. The Agreement is entered into freely and the parties fully understand the terms and implications of the Agreement.
  4. The Agreement is signed at least 28 days before the wedding day.
  5. The terms of the Agreement are fair and both parties’ needs will be met upon divorce.

What do pre-nuptial agreements protect?

People often think that pre-nuptial agreements are only for millionaires who want to protect their assets if they are due to marry someone who isn’t as wealthy as them. However, this just isn’t the case, pre-nuptial agreements can offer so much more. In addition to protecting pre-martial assets such as property, they can also be used to ringfence inheritance that may be received by one party during the marriage or to provide for children. This can be extremely helpful for couples who have children from previous relationships and want to ensure they are provided for if their marriage breaks down.

 

Top tip

The more time you give yourself and your partner to discuss the terms of a pre-nuptial agreement the better. The Court will not uphold a pre-nuptial agreement where it could be argued that a party has been put under duress to agree to the terms of the agreement and did not have time to fully understand the terms and implications of the agreement.

If you are recently engaged or your wedding is fast approaching like mine is, and you do have further questions about pre-nuptial agreements and whether they will provide you with more financial certainty going into your marriage, please contact one of the Family team who are happy to help.

Two rings on a set of vows