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Prenuptial Agreements

A prenuptial agreement is an agreement entered into by a couple prior to a marriage or civil partnership. The document sets out how they would like their assets to be divided in the event of them divorcing or separating.

Prenuptial agreements are often sought where one partner has substantial wealth prior to the marriage, and seeks to protect that wealth in the event of the marriage failing.

Prenuptial agreements are becoming more popular with people of all incomes.

Are Prenuptial Agreement legally binding?

Prenuptial agreements are not currently legally binding in the UK, however that does not mean that they are of no use.

The courts will often take a prenuptial agreement into account when overseeing a case and is likely to uphold it, as long as certain safeguards have been met. Recent cases show that prenuptial agreements are being upheld in many instances. For an agreement to be upheld, the following safeguards should be met:

Prenuptial agreements should be reviewed and amended during the course of the marriage, particularly when any child or children are born and periodically in any event.

If you would like more information on entering into a prenuptial agreement please contact us.