While a ‘pre-nup’ can be difficult to discuss with your partner and may seem unromantic to factor into your wedding planning list, it’s important to understand the benefits of having one and to discuss it openly and honestly. This article will explore the advantages of having a prenuptial agreement, who should consider one, and how to get one.
What is a prenuptial agreement?
A prenuptial agreement, or ‘pre-nup’ for short, is an important legal document that couples should consider when getting married. A pre-nup is an agreement between a couple that details how their assets and liabilities will be divided if they divorce or if one dies. It also outlines the rights and responsibilities of each party in the marriage.
Advantages of having a prenuptial agreement
A pre-nup does several things for a couple considering marriage. First, it helps protect both parties’ assets in case of a divorce or death. The pre-nup helps to ensure that the couple’s assets are divided fairly.
Another benefit of having a pre-nup is that it can help to reduce the amount of stress and conflict that can arise during a divorce. By having a pre-nup in place, both parties know exactly what to expect if their marriage does not work out; this can help reduce the time and money the couple would have to spend in court and make a divorce smoother for all involved.
A pre-nup can help to protect a partner’s assets, such as business interests, inheritances, and investments. This can be particularly beneficial if one partner has accumulated a significant amount of wealth before the marriage; is likely to receive a large inheritance; or be gifted assets as part of family tax planning.
Are prenuptial agreements beneficial for everyone?
Traditionally, prenups were most commonly used by celebrities and the super-rich. However, there is a benefit in having a pre-nup in place for many married couples who want to safeguard their futures.
In fact, anyone getting married should consider having a pre-nup in place.
If you have children from a previous marriage you should consider having a pre-nup if you want to protect the children’s assets if the marriage does not work out.
Recommended requirements for a prenuptial agreement
In the UK, there are no procedures in place to make a pre-nup automatically legally binding. However, they are still relied on in court and divorce proceedings and may be determinative as long as the conditions below are met:
- Both parties have received legal advice and have their needs met by the agreement.
- The prenuptial agreement must be fair, contractually valid, understood by both parties and made well before the wedding.
- Children should not be prejudiced.
How to discuss a pre-nup with your partner
Discussing a pre-nup with your partner can be a difficult and sensitive subject. It’s important to approach the subject with an open mind and respect each other’s opinions. Be honest with your partner about why you think a pre-nup is necessary. Explain that both parties have certain rights and responsibilities and that a pre-nup can help protect those in the event of a divorce or death.
Finally, it’s important to be open to negotiation. Both parties should be willing to compromise in order to come to an agreement that is fair for both parties, and the agreement being fair is a condition for it to become legally binding.
Any negotiations should be much easier now than they will be after the relationship is over
Post nuptial agreement
It is not too late to deal with this even after the marriage. A post-nuptial agreement covers the same things as a pre-nup and provided the recommended requirements are met will be just as effective as a prenup.
For more information or advice on this or any other Family Law issue, please get in touch with our team of specialist Family Lawyers on 0115 9 100 200 or send us a message.
Posted on February 2, 2023