Prenuptial Agreements

Family Solicitors London

Thanks largely to the media, most people assume that Prenuptial Agreements are reserved for the rich and famous, those who see marriage as a business arrangement, or individuals who don’t expect their marriage to last. To many the thought of a Prenuptial Agreement is even distasteful, but in some cases this type of arrangement can actually provide security and certainty for the couple, and allow them to get on with their married life.

It’s fair to say that when two young people are getting married for the first time, and they don’t already have any children from previous relationships, nor are they bringing any sizeable assets into the marriage, a Prenuptial Agreement is probably not appropriate. However, if two people are a little further on in life, and are getting married for the second, or maybe even the third time, a Prenuptial Agreement could be worth considering.

For one thing, while most of us are aware of the statistic that 1 in 3 marriages ends in divorce, these individuals will have first hand knowledge of this fact; and if they are aware that divorce is a real possibility, it might make sense to prepare for it, just in case.

Furthermore, if you have children from a previous marriage, and have substantial assets, putting in place a Prenuptial Agreement before you get married again helps to protect your estate for your children’s. If this kind of protection isn’t in place, they might lose claim to some or all of your assets, in the event of your death or a divorce.

One of the biggest considerations for a couple who might be thinking of drawing up a Prenuptial Agreement is that in England and Wales they are not legally binding. However, if a couple do get divorced and there is a ‘pre-nup’ in place, the court may uphold the terms of the agreement, if they seem to be fair to both parties.

This uncertainty means that the appropriateness of Prenuptial Agreements in England and Wales needs to be considered carefully, and on a case by case basis, which is where our Family Solicitors London office can help.

For those who’re thinking about getting married, and are considering a Prenuptial Agreement, our Family Solicitors London office will be able to give you all the assistance you need to provide the best possible protection for your future.

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