When you and your partner decide to get married, the last thing on your mind will be the consequences of separation. Prenuptial agreements allow couples to decide how their assets would be divided if they were to divorce. If you are considering getting married, discussing these risks and seeking reassurance and protection is essential, no matter how strong your relationship.
Fishers Dewes team of prenuptial agreement solicitors have a wealth of experience in dealing with couples about to marry, and understand the careful consideration that must be taken before signing the agreement. When you and your partner come to Fishers Dewes, we will provide practical advice that is tailored to fit your circumstances and relationship before working with you to draft the agreement. If you would like some advice on prenuptial agreements, get in touch with our solicitors in Tamworth or Ashby de la Zouch today.
With divorce rates rising, it’s no surprise that prenuptial agreements are becoming increasingly popular among couples about to marry, and seeking the assistance of a professional to ensure a clear agreement has been made is essential. Great importance is placed on the Pre-Nup, especially during divorce proceedings, and if the agreement is not specific enough, then it may not stand up in court. Not only will our prenuptial agreement solicitors provide constructive pre-marital advice, but we will help you by ensuring the agreement is thorough and covers all grounds.
Are Pre-nups legally binding?
While a prenuptial agreement is not legally binding in England and Wales, if the pre-nup has been drafted by a solicitor and is highly specific and clear enough about the couples assets, then it will generally be taken into account during divorce proceedings. However, in certain circumstances, courts have overturned pre-nups and redistributed the assets as they have seen fit. Timing plays a great role in this; for example if a couple sign a prenuptial agreement a week before their marriage, then it may be overturned in the divorce due to the belief that the couple did not fully consider the terms. If a court rule the prenuptial agreement as being signed under pressure by either party, this may also lead to it being overturned. This may also happen if the prenuptial agreement sways in one party’s favour and leaves the other with nothing. Therefore, having an expert prenuptial agreement solicitor present to assist and advise you is crucial in how it will fare in court in the eventuality of a divorce.
What should a Prenuptial Agreement cover?
A prenuptial agreement should cover the following:
- The exact division of assets e.g savings, shares, pension.
- Living and property arrangements
- Maintenance payments e.g bills and living expenses
- (If children are involved) Child support maintenance payments
- Arrangements regarding business related investments
Can we make changes to the Pre-nup after getting married?
If you wish to review and make changes to your pre-nuptial agreement, then these changes must be made in writing, and both parties must sign to make the changes official. It is beneficial to get back in touch with your solicitor if you wish to update your prenuptial agreement.
Get in touch
Instead of seeing a pre-nuptial agreement as a foretelling of the future, see it as insurance. Protecting your assets is essential to ensure they are not unfairly redistributed at a time that it is out of your control. If you would like further information regarding our prenuptial agreement services or to arrange an initial appointment please call your nearest office or complete the enquiry form and a member of our team will be in touch.