Pre-nuptial agreements are becoming more common, and many people might have heard how having such an agreement could protect their assets should their marriage end in divorce. However, they might not know how to draw one up, or be put off by the hassle.
The easiest way to avoid additional stress and to make sure that the agreement isn't challenged in the divorce courts is to hire an experienced solicitor. The whole concept of the pre-nuptial agreement is to protect those assets, that either you or your intended take into the marriage, should either of you subsequently die or the marriage succumbs to divorce. For those reasons, it would be very sensible to consult a specialist solicitor when making a prenup.
If you have a skilled solicitor draw up your pre-nuptial agreement it is more likely that it will stand up to a challenge from an unhappy spouse should you divorce, as well as being more likely that UK courts will accept it. In the current legal situation, English courts do not have to recognise prenups. But following a 2009 ruling in the appeal courts, it was deemed they may be taken into account when a court rules on the division of assets between two former spouses.
Although there is nothing to stop a couple producing their own prenup, having the advice of a lawyer will help make sure that it is more likely to be taken into account by the court. An experienced solicitor can also give advice on matters that the couple might not know about, such as the fact that prenups must be signed more than 21 days before the wedding so that it cannot later be claimed that it was signed under duress.
Aside from hiring a solicitor to help in the drawing up of a pre-nuptial agreement, one of the best ways to avoid hassle is by both parties appreciating why it is necessary. Ironically, this has to be discussed when the couple are starting to look forward to their wedding. But despite the aura of romance, both will need to take off their "rose-tinted spectacles" and take a look at what might happen should the marriage end in divorce.
While couples who have both been previously married may appreciate the importance of a pre-nuptial agreement, it may be difficult for those entering their first marriage. But if they understand why a prenup is in their best interests and seek professional advice, it will take away any hassle.