“Should I be thinking about a prenup?”

Prenuptial agreements tend to divide the crowd. Some people believe they’re an indispensable step to take before marriage or civil partnership, while others think they are just for the very wealthy. For some, they send a pessimistic message and then there are those that want the protection a prenup offers but who feel uncomfortable about broaching this with their partner.

As family solicitors we understand the various viewpoints and the feelings of those who fear their partner’s perspective mightn’t match their own. Having advised people who, on divorce, regret not having put a prenup in place, our advice is to seriously consider if your situation – and your future – would be better served by having one drawn up.

What’s the point of a prenup?

While these agreements are commonly used where there is a high level of wealth in a relationship, people with more modest assets can still benefit from the certainty that comes from an agreed way of dividing the things they own, should it come to it. The financial aspect of divorce can be extremely difficult to navigate, particularly where two people disagree about what they each own as individuals (family inheritance, for example) and what they deserve to take from the marriage. A prenuptial agreement sets out the basis on which each person would move on from the relationship, potentially making for a more straightforward division of assets in the event of separation.

 What do the courts think of prenups?

Prenuptial agreements aren’t automatically binding. However, if they are properly prepared (each party having independent legal advice is an essential element of this), they can be treated as good evidence of what the couple intended to happen if the relationship were to break down. The courts look at all the circumstances. Agreements that are unfairly weighted in one party’s favour or which were entered into less than 28 days before the wedding, for example, may fail.

 Once you’re married, is it too late?

It’s too late for a prenuptial agreement but it’s still possible to put in place a postnuptial agreement that could achieve the same outcome.

“We should think about a prenup” may not be the conversation you’ll relish having, but you may be glad you did. Talk to our team of family lawyers about the process of putting a prenuptial, or a postnuptial, agreement in place, and about the protection this could offer you. Call now on 01264 353411 or email us on family@bsandi.co.uk.