Should I get a Pre-Nuptial Agreement?

The breakdown of a marriage is not something we like to consider when planning a wedding, however it is worth considering what might happen to your assets in the unfortunate event of a separation.

Not only does a Pre-Nuptial Agreement provide a level of certainty over what the future may hold, but it also significantly reduces the acrimony if the parties divorce. Although Pre-Nuptial Agreements are not legally binding in the UK at present, they are certainly a factor that the Court take into account, providing that they meet a certain criteria.

If one person has a significantly larger level of wealth than the other, then they may wish to ensure that most of this is preserved if the marriage were to breakdown. There could be a number of reasons for this, such as pressure from the wider family, or to protect assets for children from a previous relationship. If the agreement is fair on both parties, and adequately provides for the needs of any minor children, then the Court is likely to uphold it in the event of a dispute, provided it was entered into correctly.

Sometimes it is those who are expecting to have a certain level of wealth in the future who wish to enter into a Pre-Nuptial Agreement. However it is advised that Pre-Nuptial Agreements are reviewed regularly and especially upon a change in circumstances, such as increased wealth from inheritance. There are some pitfalls with this so it is best to ensure you have taken legal advice in advance of your wedding.

How we can help

Our lawyers can advise you on the pros and cons of entering into a Pre-Nuptial Agreement, and they can also ensure that your agreement meets the criteria set out by the Court to give you the best chance of it being upheld.

Briony Kingston has experience of drafting and advising in respect of Pre-Nuptial agreements. She can be contacted on 0117 939 0350 or email bkingston@watkinssolicitors.co.uk. Watkins Solicitors has offices in Southville and Fishponds, Bristol, and Bath City Centre.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.