Prenuptial agreement

Marry knowing that it is for love and not money. This prenuptial agreement (also known as a pre-marital agreement) helps you to sort out your affairs, plan how you will divide your current and future wealth between you, and tie up loose ends, if you decide to divorce or separate in the future. It will help you control your ownership of important assets such as your house, sentimental possessions and your business.

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About this document

A prenuptial agreement sets out how assets and liabilities will be divided if you separate permanently or if your marriage ends.

Making a plan in advance should help you avoid expensive divorce settlements, help you keep items of sentimental value such as family heirlooms or property, and help you control who inherits your wealth.

Many people consider it to be unromantic to plan for what would happen on break-up shortly before a wedding or civil partnership. However, preparing a prenup emphasises that the reason for marriage is love and not money, and can give both people confidence about what will happen should the marriage fail.

Why use this agreement

Are prenuptial agreements legally binding?

Prenuptial agreements are not legally binding, despite a recommendation by the Law Commission to make them so.

A UK court will take one into consideration, but remains free to impose any other financial settlement the judge rules appropriate to the circumstances, particularly with respect to arrangements for children.

A settlement is more likely to be in line with any nuptial agreement the couple made if the agreement:

The parties must demonstrate that:

To satisfy these conditions, couples are likely to have to:

It will always be the case that a well written, sensible, prenuptial agreement is highly likely to influence the judge's decision as to what the final division should be.

Alternative documents

We also stock a simpler version of this document that has been written for couples who are likely each to be financially independent before the marriage or partnership and for whom the concern is about ensuring that wealth and assets remain in the possession of whichever one brought them in, should the marriage fail.

We expect that this alternative document will be more suitable for older couples who have already accumulated wealth, and who perhaps are marrying for a second time.

Contents

This agreement has been written to help you to comply with the suggested legal requirements.

This document covers a very wide range of possible outcomes and also deals with many matters to be agreed during your marriage. This coverage is not legally binding for the reasons discussed above, but enables you to define your intentions over broad areas.

There is extensive coverage of property, possessions, investments.

Children arrangements are covered only broadly and briefly, because a judge will make an order based on what he sees at the time of separation.

This agreement covers the following:

Sample page from the prenup

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