13 February 2015
Prenups Offer Long Term Peace of Mind
Getting married is one of life's most cherished moments. Couples take pride in planning their wedding happy in the thought of spending the rest of their lives with each other.
A wedding is a wonderful occasion and one that people look forward to for a long time. As the big day approaches however certain thoughts may well cross the minds of brides and grooms-to-be. What if it all doesn’t work out? Will it all get very messy? As unromantic as it might sound, a little time spent planning for the “what if?” scenarios could prevent a lot of heartache should the worst come to the worst.
If you are getting married a Pre-nuptial Agreement can provide peace of mind and stop any potential divorce or separation in the future from getting too complicated. If you are already married then a Post-Nuptial Agreement will work the same way.
What is a Prenuptial Agreement?
A Prenuptial Agreement or ‘Prenup’, is a contract entered into by a couple before their marriage that sets out how finances should be organised during the marriage and what should happen with money and property in the event of a divorce.
The exact terms of each Prenuptial Agreement varies from case to case and Prenuptial Agreements can be updated after marriage if your circumstances change.
Are Prenups Legal in the UK?
Prenuptial Agreements are not automatically enforceable in England and Wales at the moment and can’t be used to veto the decision of a divorce court. Courts should still consider Prenuptial Agreements thanks to a decision in 2010 by the Supreme Court which stated that if Prenuptial Agreements were “freely entered into by each party” then courts should give effect to them unless “it would not be fair to hold the parties to their agreement”.
The Law Reform Commission recommended in 2014 that Prenuptial Agreements should be legally binding. Justice Secretary Chris Grayling gave his backing to the proposals saying that “the Commission has rightly said it’s sensible to have mechanisms to make sure that if things do go wrong, there are easy ways of sorting them”.
How do we get a Prenuptial Agreement?
You and your partner should get expert legal advice from a Family Solicitor who can help ensure that your Prenup meets your needs and will stand a good chance of being upheld by a court.
You will probably take out wedding insurance when you plan your big day. Having a Prenup prepared by an expert Family Solicitor is like having insurance for your marriage. Although you hope you’ll never need to use it there might come a day when you’ll be glad you have it in place.
Slater and Gordon Lawyers offer an initial consultation about Prenuptial and Postnuptial Agreements and offer both flexible pricing and fixed price Prenups and Postnups. Call the largest team of Family Lawyers in the UK on freephone 0800 916 9055 or contact us online and we will call you.
For more details see our Legal Guide to Prenups and Postnups which you can download and print.
Slater and Gordon Lawyers have 1,450 staff and offices in London, Manchester, Liverpool, Birmingham, Sheffield, Milton Keynes, Bristol, Derby, Merseyside, Cardiff, Cambridge, Edinburgh, Halifax, Newcastle, Wakefield and meeting rooms in Bramhall, Cheshire and in Hull, Yorkshire.