Prenuptial Agreements

Our Family team can help you with all aspects of prenuptial agreements. Our solicitors can assist in drafting prenuptial agreements so that in the unfortunate event a relationship ends assets are protected.

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Prenuptial Agreement Services

A prenuptial agreement is a document which regulates the division of assets in the event of a divorce. It can take into account all of the couple’s’ assets, or only some. Often couples look to enter prenuptial agreements to ringfence their pre-acquired wealth or inheritance they may receive during the marriage.

Many couples are choosing to enter prenuptial agreements to agree on the way that assets should be divided in the event of divorce.

While no one likes to think about this, unfortunately, circumstances and people can change and a couple may feel the best option is to go their separate ways.

Nuptial agreements have become increasingly common. While they may once have been considered the preserve of the rich and famous, there has lately been a shift in attitudes since 2010 – with more and more couples electing to decide how their finances or assets should be divided up in the event that the relationship ends.

Prenuptial agreements may enable you to protect assets you currently own, as well as make provisions if you expect to accrue, generate or inherit significant wealth during your marriage.

Case law has confirmed that the courts will uphold these arrangements if it is deemed fair to both parties, there has been full disclosure of finances and provided both parties have consulted their own lawyer and understand the implications of the agreement.

At BBS Law, our Family Team based in London can work with you to negotiate and draft a prenuptial agreement, taking a sensitive but pragmatic approach to any matters that may arise.

Frequently Asked Questions

Is a prenuptial legally binding?

Prenuptial agreements are not automatically binding and entering into one will not prevent a court from distributing parties’ assets in a manner it considers appropriate. The legislation governing the division of assets on a divorce requires judges to consider all of the circumstances of the case, and the existence of a pre-nuptial agreement is one such circumstance.

That said, guidance from the Supreme Court tells us that provided an agreement is freely entered into and both people appreciate the implications of the agreement, the court should uphold the agreement, unless in the circumstances prevailing it would not be fair to hold them to their agreement. Therefore, on the basis that there has been proper financial disclosure and each party has had legal advice, they should expect to be held to the agreement.

How long is a prenup valid in UK?

There is no expiry date on prenuptial agreements. However, the longer the marriage endures the more likely it is that the terms agreed at the time of signing the agreement will no longer be fair. For example, couples often agree to ringfence one party’s contribution to the matrimonial home but a court is unlikely to implement this after a long marriage, where the expectation is that the family home will be shared. Furthermore, if pre-marital assets were ringfenced by a prenuptial agreement but subsequently intermingled with marital assets, they may be considered marital in nature and subject to sharing, notwithstanding the terms of a pre-nuptial agreement. To mitigate this risk a review clause could be included, requiring the couple to review the terms of the agreement at certain intervals or following significant events in the marriage.

Does a will override a prenup?

A prenuptial agreement governs the position on the breakdown of the relationship, whereas a will governs the position on death only. Therefore, if one person dies during the marriage, then the terms of that person’s will would take precedence over the terms of the prenuptial agreement: the prenuptial agreement would not be invoked as the relationship has not broken down. Notwithstanding this, if a person dies and has not made reasonable financial provision in his/her will for a spouse, the spouse can apply to the court under the Inheritance (Provision for Family and Dependents) Act 1975 for financial provision. It is therefore sensible to make a will (in contemplation of marriage) around the same time as the prenuptial agreement, which contains provisions at least as generous as those in the prenuptial agreement.

How long before a wedding should a prenup be signed?

There is no statutory requirement to sign the prenuptial agreement by a certain date before the wedding. However, the Law Commission’s recommendation is that a prenuptial agreement should be signed at least 28 days before the wedding. This is an indicator that neither person was placed under pressure to sign the agreement as the wedding date nears, and that the negotiations were not rushed.

Can you get a prenup after we get married?

A nuptial agreement signed after the legal wedding is called a “post-nuptial agreement”. It has the same legal standing as a prenuptial agreement, and will be upheld provided the proper procedure has been followed (i.e. financial disclosure has been provided, the couple obtained their own independent legal advice and the agreement meets both of their needs).

In some circumstances, couples may begin negotiating the nuptial agreement prior to the wedding and may even sign Heads of Agreement, with the final agreement signed after the marriage. This agreement is a post-nuptial agreement.

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