Can You Write Your Own Prenup?
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Can I write my own prenup is a question we often receive over the phone at Divorce-Online.
However, the question you should really be asking yourself is should I write my own prenup?
For example, you can do your own plumbing and electrics but we pay for professionals to help us. The same applies to legal agreements.
In the UK, it is generally possible to write your own prenuptial agreement.
That being said, here are some reasons why it might not be a good idea to do so:
- Lack of legal knowledge: Creating a legally binding document such as a prenuptial agreement requires a good understanding of the law, including the requirements for validity, enforceability, and potential challenges.
- Mistakes and errors: Without proper legal guidance, there is a risk of making mistakes or including provisions that are unenforceable or invalid, which may render the entire agreement useless.
- Limited scope: Writing your own prenuptial agreement may lead to overlooking important legal issues or failing to consider all relevant assets and liabilities that could affect the distribution of property in case of divorce.
- Imbalanced provisions: A prenuptial agreement is meant to be a fair and balanced agreement between both parties. Without professional guidance, there is a risk of creating an agreement that is one-sided, unfair, or overreaching.
- Potential invalidation: If the prenuptial agreement is not properly executed, or if it fails to meet certain legal requirements, it may be invalidated by a court, making it unenforceable in the event of a divorce.
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An online service is where you can submit the financial information for your prenup without needing to complete any paperwork, phone calls or emails. It speeds up the process of having a solicitor review your information and draft the necessary prenup.
Why you should never draft your own prenup
Scrutiny from Judges:
As prenups are not technically legally binding, you need to ensure you have done everything necessary to make them enforceable in court.
A Judge scrutinising your agreement will quickly be able to tell that it hasn’t been drafted by a legal professional. This will invalidate your agreement and could have further consequences.
For a prenup to be enforceable, both parties must have received professional legal advice.
If you’re writing your own prenup, the chances are that neither party has received this advice, which again could invalidate your agreement. A Judge will insist on this before taking the prenup into consideration.
Drafting your own prenuptial agreement will mean you miss out on specific legal clauses around any property, pensions, savings, inheritance, businesses, etc.
A typical prenup may include assets over £1M. Is it not worth spending £799 getting it done properly to ensure it doesn’t end up costing you more in the future?
Recent cases in the high court have further validated prenups as essential legal documents that can be upheld if challenged in a divorce
Why do people consider doing it themselves?
Here are the most common reasons why couples try to write their own prenup:
- Save money – It can actually end up costing you thousands more in legal fees and a divorce settlement if the prenup agreement you draft isn’t legally sound. You don’t need to spend thousands getting a prenup drafted; our service is £799 fixed fee.
- Avoid solicitors – This is understandable, as solicitors can be known for making amicable situations become more acrimonious than they need to be. However, the expertise of family law solicitors is required.
- Do it quicker – Whilst you may believe it’s quicker to do it yourself using a template, in the long run, it’s not. Especially, if you have to instruct solicitors later down the line to draft you a new agreement.
Put simply, don’t attempt to write your own prenup.
There are so many potential consequences of drafting a legal document yourself without legal help.
Plus, in the end, it will cost you more money and involve more effort in the long run.
If you want to read more about prenuptial agreements, we’ve documented the most common prenup myths to stop believing.
Click below to read more about our affordable online prenup service for £799.