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Prenuptial Agreement 

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Prenuptial Agreement Solicitors

A prenuptial agreement (often known as a prenup agreement) is a formal pre-marital written agreement between two partners. The prenuptial agreement sets out ownership of all belongings, including money, assets, and property, and explains how these will be divided in the event of the breakdown of their marriage. Want to enter into a prenuptial agreement with your fiancé(e)? Contact our experienced divorce & family law solicitors in Manchester for legal assistance.

Are prenuptial agreements legally binding in the UK?

Prenuptial agreements are not legally binding in the UK but are considered to be persuasive for the judge to exercise discretion in deciding the financial settlement by giving weight to the prenuptial agreement. Prenups, postnups, and pre-civil registration agreements cannot exclude the authority of the Court when dealing with financial issues when a marriage or civil partnership irretrievably breaks down. When divorce arises, the court has discretionary powers to distribute assets as the Judge sees fit in the best interest of the parties, children, or individual circumstances. A prenuptial agreement that has been entered into fairly and after taking appropriate legal advice may have persuasive authority for the judge to exercise discretion and give weight to the same in the distribution of assets.

Common reasons for getting a prenuptial agreement

If you are not interested in sharing your assets equally with your partner during the breakdown of marriage, it would be in your best interests to enter into a prenup or postnup agreement, even if the agreement is not upheld by the Court. Money can be an extremely emotive topic in a relationship, especially if you have different attitudes towards spending and saving. A prenuptial agreement provides a clear agreement that can lead to peace of mind for both parties.

The most common reasons for entering into a prenuptial agreement may include the following:

  • Assets: There are assets and/or property that would be hard to split 50/50;
  • Children: You, and/or your partner, have children from a previous relationship and want to ensure certain assets are reserved for them and protect their inheritance rights;
  • Inherited money or assets: You want to protect inherited money or assets;
  • Savings or expected future inheritance: You want to safeguard substantial savings or expected future inheritance;
  • Fairness: You want financial issues to be resolved fairly in the event of a marriage breakdown, especially if you’ve suffered unfairness in divorce courts previously;
  • Business: Either party owns a business that they’d like to retain control of in the event of the marriage breaking down;
  • Debt: If your partner has outstanding debt, a prenuptial agreement with a ‘debt clause’ can protect you from being liable for that debt.

How we can help with a prenuptial agreement

Our team of family law solicitors will prepare a prenuptial agreement:

  • Tailored to you and your partner’s personal circumstances;
  • Containing an inventory of each partner’s assets;
  • Giving details of how the assets will be distributed in the event of a breakdown of marriage;
  • (If required) Giving details of any post-divorce financial arrangements for children, particularly where one or both partners have children from previous relationships;
  • Giving independent legal advice.

Need legal advice & assistance?

Our highly experienced family law solicitors offer legal support in a sensitive and efficient manner to reduce the distress to you and your family. We’re authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you’re in safe hands. Contact our divorce and family law solicitors today for a free initial consultation and assessment. You can call us on 0161 832 8867 or leave your details here for a callback request regarding your legal matters.