Family, Divorce and Relationships

Prenuptial Agreements

A Prenuptial Agreement (or prenup) is an agreement made by a couple before they marry, setting out how they would like their assets split if they divorce. After marriage, all of a couple's assets may become matrimonial assets.

Although not particularly romantic, and currently potentially unenforceable, a prenuptial contract properly drafted by a specialist family solicitor can be persuasive evidence to the court in indicating how a couple agreed, before they married, to divide their property – this can have a significant impact on the outcome of a divorce case (as illustrated in the recent case of Katrin Radmacher). It is, however, crucial that both parties receive independent legal advice, that a full and frank exchange of financial disclosure takes place and, importantly, the agreement should be fair.

Prenuptial Agreements are not just for the rich and famous

There are many reasons why people decide they want a prenuptial agreement including:

• anyone with substantial business assets
• anyone with vast amounts of savings or substantially more assets than their spouse to be
• anyone entering into a second marriage, wishing to safeguard assets for children from an earlier marriage