A prenuptial agreement, sometimes referred to as a ‘prenup’, is a legal document drawn up between a couple before their marriage to outline how each of their assets will be divided in the event of a divorce.

Although prenuptial agreements are not currently legally binding in the UK, they are becoming more widely accepted by the courts as proof of a couple’s intentions in the event of a subsequent divorce.

Prenuptial agreements can provide a degree of certainty and offer a means of protecting pre-marital assets and inheritance. It can also ensure that provision can still be made for any children from a previous relationship.

In the absence of a prenuptial agreement, any assets acquired either jointly or individually (which have not otherwise specifically been protected) will fall into the matrimonial pot for division. Whilst the prenuptial agreement will not be overriding, its main purpose will be to limit the potential claims one party may have against the other.

Anyone contemplating marriage should consider whether a prenuptial agreement is appropriate in the circumstances. It is important to note that a prenuptial agreement must be finalised no less than 28 days before marriage. There are several other legal requirements to ensure the validity of the document.

If you are considering a prenuptial agreement, please get in touch so that we can offer advice tailored to your circumstances.