Pre-Nuptial Agreements

Amongst all these wedding preparations, you may not expect to see the signing of a pre-nuptial agreement! However, pre-nuptial agreements, or “pre-nups” as they are often called, are frequently becoming an important point to consider when planning a wedding.

The idea of entering into a pre-nup can be seen by many as unromantic, distasteful, or as “tempting fate”. However, for a lot of couples, a pre-nup can avoid a costly, anxious and uncertain outcome in the event of a formal separation.

Whilst many marriages enjoy a long and fulfilling life, there exists the possibility that people and circumstances can change which may contribute or lead to the marriage breaking down. At that time, important and crucial decisions must be made about financial matters, which in most circumstances will legally bind the individuals concerned, for the rest of their lives. These decisions must frequently be made when emotions are running high.

A pre-nup can provide certainty as to the arrangements that would be made on a separation, thereby avoiding future dispute as well as minimising animosity. This can provide a level of comfort which would not exist in the absence of a pre-nup.

Some people may marry two, three or more times. They might go into a marriage that is not their first with property or other financial assets in their sole name. As such, they may wish to ensure, as far as possible, that a particular asset that was not acquired during the marriage will remain separate if they part company with their spouse in the future. A pre-nup can address this type of situation.

Pre-nups are seen as a relatively new phenomenon, although they are increasingly being recognised as binding under English law, subject to certain conditions. In fact, in some countries such as France, agreements similar to those of a pre-nup are frequently entered into as a matter of course.

We at Gardner Croft have specialist knowledge to provide advice about pre-nups and how they can work for you. We deliver a bespoke service that is tailored to your individual circumstances so that if you decide a pre-nup is for you, this will be one less thing to worry about on your big day.

For more information contact Joanna Illingworth