If you’re tying the knot this year, it’s likely you’ve spent time carefully planning everything from bouquets to bunting. But have you given a second thought to a pre-nuptial agreement?
Some couples just don’t want to think about what happens if there isn’t a fairy-tale ending. But what if a pre-nuptial agreement (a’pre-nup’) could help strengthen your marriage?
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What can a pre-nup do?
A pre-nup is a legal agreement designed to make things easier to sort out if the marriage breaks down. It can:
- protect any pre-existing fortune from being split
- protect a spouse from their partner’s debt
- provide for children from a previous relationship
- keep family property within the family
- help prevent solicitor fees from mounting up
A pre-nup is enforceable in the UK, although judges still have the discretion to ignore it, especially if it is unfair to any children of the marriage.
So how could a pre-nup help save your marriage?
There’s a saying that goes, ‘Money makes people funny.’ People have different attitudes to money, which can cause arguments even among close family and friends. Money is the leading cause of stress in relationships – and that stress can sometimes strain a relationship to breaking point.
That’s where a pre-nuptial agreement could help a marriage to last longer. With a pre-nup, you have clearly outlined your approach to handling your finances in advance. It will mean you’ve already agreed on many financial issues, such as whether school fees should be paid and how any inheritance should be handled. Deciding on these financial arrangements in advance could help prevent future arguments leading to divorce.
Is a pre-nup for you?
You might feel that you don’t have enough money to warrant a pre-nup when you marry, but who knows what the future may bring?
To decide if a pre-nup is for you, speak to one of our family lawyers. They are no longer just the preserve of celebrities and the super-rich. Anyone can benefit from the peace of mind that a pre-nuptial agreement can bring, but they may be especially relevant if:
- you’ve built up a business and don’t want to have to sell it if you divorce;
- you want to ensure that any children from a previous relationship will not lose any inheritance rights;
- you have or are likely to inherit a family home that you would want to keep in the family.
A pre-nuptial agreement can also give you extra peace of mind if you have concerns over your partner’s debt. That’s because a ‘debt clause’ can be included to protect you from being liable for that debt.
Do I need legal help?
Yes. To comply with the law, a pre-nuptial agreement must be drawn up and signed by a qualified solicitor, like Pippa Marshall. There’s no ‘one-size-fits-all,’ so speaking to a family lawyer like Pippa is a good idea. She has the expert knowledge and understanding of this niche area to meet your needs effectively.
In most cases, a pre-nup will list each partner’s assets and how they will be handled if a divorce happens. All assets and property must be fully disclosed, and both parties must confirm that they voluntarily agree. You and your partner must use separate solicitors, and it should be signed at least 21 days before the marriage.
What happens if you change your mind?
Your pre-nup can be changed anytime as long as you agree. If you’re already married, you could consider a post-nuptial agreement anytime.
Contact family solicitor Pippa Marshall today.
Note: This is not legal advice; it is intended to provide information of general interest about current legal issues.