A Pre-Nuptial Agreement (also known as a Pre-Nup) is a formal legal contract entered into by a couple who are intending to marry or to enter into a civil partnership.
Although this may not seem overly romantic, it can help to avoid potentially costly and acrimonious disputes from arising in the future. Pre-nuptial agreements are often entered into where one party has significant pre-marital wealth or inherited family wealth which they wish to protect.
Such agreements can be used to provide clarification on the financial arrangements, both during the marriage/partnership and in the event that the relationship breaks down. They provide both parties much needed certainty and security from the outset.
Setting up a Pre-Nuptial Agreement
A Pre-Nuptial Agreement should ordinarily be prepared at least 3 months prior to the marriage or civil partnership and involve both parties providing full and frank disclosure as to their current financial circumstances. Independent legal advice is also essential. This ensures that both parties enter into the marriage or civil partnership with a full understanding of their rights and responsibilities.
Although Pre-Nuptial Agreements are not legally binding under English law, the Courts will attach significant weight to such agreements where they have been properly prepared. It is therefore essential that they are prepared by an experienced specialist.
The Pre-Nuptial Agreement should be concluded no less than 28 days before the wedding or civil partnership.
Our team of expert family lawyers have considerable expertise and experience of negotiating and preparing Pre-Nuptial Agreements and will be able to advise you as to your options.
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