UK Prenuptial Agreements - Have You Considered One?

So you are planning on getting married in the UK? A prenuptial agreement might be the last thing on your mind as quite rightly the thought of getting a divorce will be. However, a UK prenuptial agreement can offer you and your partner the protection that you both may need in the unfortunate event of your marriage ending acrimoniously.

Divorces are more often than not bitter experiences. The situation becomes aggravated by discussions of the division of assets and the fact that one spouse may have to continue maintaining the other post divorce. A UK prenuptial agreement avoids this

The prenup usually determines that any property belonging to a spouse before marriage remains theirs following a divorce. It will also stipulate who gets what of the assets gained during the marriage. It is also important that any prenuptial agreement should be signed no later than 21 days before the wedding. If it is made later than this, then the court could well assume that one party was being pressurised into making the agreement.

If you live in the UK it is important that you fully understand that prenups are not enforceable in this country. Nevertheless, this does not mean that the prenuptial agreement is a waste of time. On the other hand the court might consider the fact that the prenup was agreed by both parties. And cases in the Court of Appeal have also seen judges taking them into account before making a ruling. However, a court will usually only take a UK prenuptial agreement into account if the marriage had been long lasting, so if your marriage lasted only a short period, the chances are any prenuptial will be ignored.

When making a prenup it is strongly advised you seek the aid of a solicitor. There is nothing to stop you and your spouse to be making your own agreement, or even using those ?prenup? packs you can buy online, allegedly helping you to draw up an agreement without resorting to the lawyers. Such a course of action would be unwise.

A solicitor will ensure your UK pre-nuptial agreement is copper tight, while any DIY effort might well lead to problems in the court, causing even more upset in the unhappy event of a divorce.