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A Simple Guide To Prenuptial Agreements In The UK

Prenuptial agreements are becoming increasingly popular as UK couples are entering marriage later in life.

Prenups aren’t romantic but couples enter into one in the hope of reducing the acrimony should the marriage breakdown.

But what actually is a prenuptial agreement and why should I consider obtaining one? This article will explore these questions in more detail.

What is a prenuptial agreement?

In the UK, a Prenuptial Agreement is a written marriage contract entered into by two people before marriage.

Within the agreement, it sets out how money and assets will be separated if the marriage ends in divorce.

Are Prenuptial Agreements legally binding?

Prenuptial Agreements are not formally legally binding in England and Wales. They are, however, in Scotland and many other European countries.

Despite Prenups not being legally binding they are regarded by Courts and in most cases upheld as long as they meet the following criteria;

  • The agreement must be fair.
  • It should not prejudice any children.
  • Both parties must have received separate legal advice.
  • The agreement must be freely entered into by both parties.
  • The agreement must have been made at least 28 days before the wedding.
  • There should be financial disclosure about the wider financial circumstances.

Prenups have become increasingly popular as people marry later in life than in previous generations.

People want to protect the money and assets they have accumulated before they get married such as property, savings, shares or pension pots.

Who are Prenuptial Agreements suitable for?

Prenuptial agreements are only suitable for couples when one half of the couple has significantly more assets than the other.

If one person has a large inheritance, owns their own property or business, for example then a prenuptial agreement is suitable.

If you have substantial assets, then for a lot of people it’s perfectly reasonable to take steps to protect those assets in the event of a divorce or separation in the future.

A case for why Prenuptial Agreements are important

In 2010, The UK Supreme Court recognised prenups for the first time in the now-famous case of Radmacher v. Granatino.

To help Ms. Radmacher protect her £106m fortune in the event of the marriage breaking down, the couple signed a prenuptial agreement which stated neither party would benefit financially from the other if the marriage ended.

It was the first time that prenuptial agreements were recognised as enforceable under UK divorce law.

If you have any questions about prenups before getting started, you can click here to chat with us on Live Chat to receive instant answers.

How Much Does a Prenuptial Agreement Cost?

A Prenuptial Agreement with us will cost you between £299 and £699 depending on the complexity of your assets. Using traditional solicitors to obtain a prenup agreement can cost you £1800!

Our service is unrivalled in terms of cost, speed and efficiency, but you can see that for yourself by reviewing our service vs other popular solicitors firms.

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Can you get a Prenup without solicitors?

No is the simple answer. For a prenup to have enforce-ability, both parties must have had legal advice on the contents of the agreement and the effects of the agreement in the event of a divorce.

The agreement needs to be drafted by legal professionals but that doesn’t need to cost you thousands. View our prenuptial agreement services from £299 to see how we can help you.

Who’s our Prenup Service ideal for?

Our service is ideal for couples looking to enter into a prenuptial agreement before marriage, but without spending thousands. There also needs to be an agreement from both parties to enter into the prenuptial agreement.

You must enter into a prenup at least 28 days before your marriage date, otherwise, you may need to consider a Postnuptial agreement.

When you should consider obtaining a prenuptial agreement

Money and finances can be an extremely toxic topic in a relationship.

A prenuptial agreement provides a clear road map that can lead to peace of mind for both parties in the event of a split.

You should consider getting a prenuptial agreement for one of the following reasons:

  1. There are assets and/or property that would be difficult to split because they were obtained before the marriage.
  2. You, or your partner, have children from a previous relationship and want to ensure certain assets are preserved for them and to protect their inheritance rights.
  3. You want to protect money or assets that you may receive from an inheritance.
  4. You have a business or investments that you would wish to remain in control of following a split.

If your partner has debts prior to the marriage, you can insert a debt clause to ensure that you will not be responsible for those debts and they would be repayable from any assets or property assigned to your partner in the agreement and not from your assets.

How To Get a Prenup

Although you need to receive legal advice from solicitors, obtaining a prenuptial agreement doesn’t need to cost you thousands. Find out how you can get started with our services today by using the arrows below.

View Our Prenuptial Agreement Services From £299

You will obtain a professionally drafted prenup agreement that is specific to your individual needs and not a template. You will also receive the agreement within 28-31 working days and everything can be completed online or via phone/email.

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