Why Should I Sign A Prenuptial Agreement? Frequently Asked Questions About Prenups

There’s nothing like a wedding to bring families together, and while recently engaged couples will no doubt be busy making wedding plans, it makes sense to include a prenuptial agreement in those plans. But why is it so important? Here are some prenup FAQs for you to consider.

Q. Aren’t prenups just for celebrities and ultra-wealthy people?

A. No, that’s definitely not the case. Prenuptial agreements are available to everyone – and because no two people’s circumstances are alike, each prenup should be drawn up to suit your individual requirements. It may be of particular use when one partner has considerably more assets than the other. Your prenup can take into consideration any assets you want to include, for example your property, business assets, savings, or inheritance. You can protect personal possessions such as your jewellery, musical instruments or technology. If desired, your prenup can even determine who will take care of your pets.

Q. Don’t you think a prenup is a rather unromantic way to start married life together?

A. Not at all. On the contrary, having a prenup in place can indicate that you are open and honest with one another, and you want your affairs to be clearly set out in the event of a change in circumstances. After all, none of us knows what lies ahead, so it’s wise to take steps that can minimise any potential stress points further down the line.

Q. A prenup isn’t legally binding in England and Wales... is it?

A. A prenup is not automatically legally binding but is taken very seriously by the Family Courts in England and Wales. A landmark ruling in the case of Radmacher v Granatino (2010), which saw a prenuptial agreement legally enforced by the Judge, paved the way for prenups to carry more authority.

Therefore, if a future divorce settlement is challenged and you have a prenuptial agreement in place, the above case sets a precedent for a Judge to uphold the terms of your prenup, providing it has been properly drafted by a qualified lawyer.

It will be upheld by a court as long as it meets the following qualifying criteria, set by the Supreme Court and further reviewed by the Law Commission:

• The agreement must be freely entered into by both parties.
• Both parties must understand the implications of the agreement.
• The agreement must be fair.
• The agreement must be contractually valid.
• The agreement must have been made at least 28 days before the wedding takes place.
• There should be disclosure about the wider financial circumstances.
• Both parties must have received individual legal advice.
• It should not prejudice any children.
• The needs of both parties must be met.

© Alex Tate 2021

Share this post with your Twitter followers:

For expert legal advice on prenuptial agreements and post-nuptial agreements, get in touch with solicitor Amanda Vermeulen on 0207 873 2071  /  0121 285 8150 or request a free callback.

More on Prenuptial Agreements →

← Back to Homepage

The above article is for general guidance only and should not be treated as a definitive guide or be regarded as legal advice. If you need more details or information about the matters referred to in this article, please seek formal legal advice from Amanda Vermeulen Solicitor.