Currently in England and Wales, prenuptial agreements are not legally binding. However, if done correctly the court will take them into consideration when agreeing your settlement.
To ensure your prenuptial agreement is enforceable, you and your partner must both have taken legal advice independent of each other. Moreover, you must have been advised on the contents of the agreement and how it would affect you both if you decided to separate/divorce.
You should think about setting up a prenup if you:
• have been married before and want to protect assets (for yourself or children).
• have children from an earlier relationship and want to protect their inheritance and keep certain items or assets for them.
• are bringing assets and/or property to your relationship that would be difficult to split.
• have your own business or investments and want to keep control of them.
• want to safeguard money or assets that you are expecting to receive in a future inheritance.
Our lawyers at Stoke White can advise you on prenuptial agreements and ensure that they do not contradict any terms in the Wills of both parties.
For advice about prenuptial or postnuptial agreements contact us for a confidential initial consultation with one of our family law specialists.