A prenuptial agreement (often known as a ‘prenup’) is a legal document drawn up between a couple before they get married.

The prenup outlines who will be responsible for any assets and finances during the marriage and how their assets will be divided in the event of a divorce.

A pre-registration agreement is the equivalent agreement, for those entering a civil partnership.

If you are considering marriage or entering a civil partnership, a prenuptial agreement may be the last thing you’re thinking of. But the reality is that they are becoming more popular and with almost half of all marriages ending in divorce, having a prenuptial agreement in place could provide some added reassurance if the relationship should break down.

Looking to explore your options with a prenuptial agreement?

Whether you want further information, or if you’re seeking independent legal advice to draw up a prenuptial agreement, our experts can advise you on the options available.

What is a prenuptial agreement?

Prenuptial agreements in the UK are increasing in popularity. A prenuptial agreement or pre-registration agreement is a legal document drawn up between a couple before they get married or enter a civil partnership, to outline how each of their assets will be divided between them in the event of a divorce.

A Prenuptial agreement is more commonly agreed, when one party has, or is likely to acquire, significantly more assets than their spouse e.g. business owners, those with a large inheritance, landowners or couples who are marrying in later life or are entering into a second marriage.

What does a prenuptial agreement protect?

A common misconception with prenuptial agreements is that they protect the assets of one
person over the other. In reality they are drawn up to ensure the financial health of both
parties. A prenup will include most financial matters but may also set out the responsibility
for a debt that was acquired before or during the marriage and can cover provisions for
spousal support in the event that one party may agree to stay at home to support the
household.

Prenuptial agreements can be drawn up with the intention of protecting:

• Property division (for property acquired both before and during the marriage)
• Pensions
• Education funds
• Spousal maintenance obligations should the marriage end in divorce
• Religious and education instruction for children born during the marriage
• Inheritance
• Life Insurance policies
• Rights of ownership
• The finances of each spouse
• Business interests
• Income
• And more

It is important to keep in mind that although they can cover a range of assets, there are strict rules on what can and cannot be included so independent legal advice should always be sought.

How do you create a prenuptial agreement?

As a prenuptial agreement is not currently legally binding, there are steps you can take to increase the chances of it being considered by the court, including:

• Draw up the agreement with a qualified solicitor
• Both parties should seek independent legal advice
• Understand and agree to the terms included, willingly
• Disclose all assets fully

What should be included in a prenuptial agreement?

When drawing up a prenuptial agreement you will decide how you would like your assets to be treated should you divorce e.g. whether one spouse keeps the assets, or if they will be split, how they will be portioned and under what conditions. Prenuptial agreements are completely tailored to the needs of the two individuals and will usually contain an inventory of each of their assets and detail how they should be looked after during marriage and split if the relationship breaks down.

When should you create a prenuptial agreement?

A prenuptial agreement should be signed at least 21 days before the wedding, with all assets disclosed by both parties.

They can take time to draft and there may be points that a couple don’t agree on so we advise allowing plenty of time to outline and sign the prenup before the wedding is due to take place.

How long does a prenuptial agreement last?

As a prenuptial agreement is a contractual agreement, it should stipulate within it, how long it is to be valid for.

Is a prenuptial agreement legally binding?

Under current english law a prenuptial agreement is not “legally binding”but there has been an increase in the number of divorce and family law cases where the courts have taken them into account and so they remain a valuable tool in reducing the financial unknowns relating to relationship breakdowns.

How much does a prenup cost?

We offer a range of options for prenuptial agreements. If your partner has already
instructed a solicitor, you may wish to acquire independent legal advice to go through the
document to either help you decide whether you agree with the terms or if you wish to
negotiate on them.
Our fees are as follows:

Signed certificate of legal advice –
from £495 + VAT
Drafting and negotiating on the terms –
from £995 + VAT.

Alternatively, please contact us to discuss our fixed fee prenup agreement costs