Pre-nuptial Agreements

Pre Nuptial AgreementsPre-nuptial Agreements are entered into by two people who are either about to marry or enter into a civil partnership and who want to regulate what should happen in the event of a divorce.

It is possible to enter into an agreement after marriage, but these would then be called Post-nuptial Agreements.

Whilst discussing what should happen in the event you get divorced is probably not top of the agenda when planning a wedding for most people, for some, serious consideration should be given to the appropriateness of having a Pre Nup.

If this is your second marriage, you may want to ensure that you keep any assets which you owned before you were married.

If you have a business, you may want to ensure that no claims can be made against it on divorce.  This is certainly something you should consider if you have business partners as you are potentially protecting them as well as you.

A Pre Nuptial Agreement should also be considered by anyone who has assets of their own, or has or is due to receive an inheritance.  A Pre Nup can help to ensure that such monies are protected on divorce.

Before a Pre Nupital Agreement is finalised, it is necessary for you to

  • Provide each other with full disclosure of your respective financial situations
  • Obtain independent legal advice on the Pre Nup
  • Not to enter into the agreement less than 21 days before the ceremony
  • Not to place the other party under any pressure to sign
  • A Pre-nuptial Agreement in this country is not legally binding. However, the Courts have now said that if there is a Pre Nuptial in place, then good reasons need to be given why you should not have to stick by the terms originally agreed.