There is a common misconception that marriage contracts are only for the rich and famous: businessmen or celebrities who want to protect their wealth. Prenups often appear in the news when famous couples divorce. We look at when a prenuptial agreement is a smart idea and whether you should get one if you`re knitting for life in the near future. Another popular reason for a prenup is when one or both of a couple do not have significant existing wealth, but expect significant future income from career advancement or financial investment. A prenuptial agreement can be used to determine these future earnings and ensure that they are yours in the event of a divorce. As we explain on our page on prenuptial agreements, they can be a useful tool for planning asset division in advance during divorce by avoiding the conflict and prolonged uncertainty that traditional contested financial recourse procedures can entail. Although prenuptial agreements are currently not legally binding under UK law, the agreement will most likely be upheld by a court as long as it meets certain criteria. In the UK, marriage contracts are not always legally binding, but the courts need a good reason not to confirm them. For example, if for some reason the court finds that the agreement is unfair and does not meet a person`s current needs, it cannot be upheld, although the agreement is always taken into account in the final decision. The current state of the law is: If you want to sign a marriage contract, Acclaimed Family Law can help. We are pleased to offer you a 30-minute non-binding consultation, which is completely free.
Learn more below. This includes the language used – the wording must not have or suggest bias. This is likely to be taken care of by a lawyer or a judge, who may see it as a reason for the nullity of the marriage contract. Yes, the signing of a marriage contract must be attested by two people, one for each party. They must not be family members, they must be self-employed and must be over 18 years of age. They must sign the marriage contract and provide their address and work details. Although this article is not exhaustive, it shows that a marriage contract can have a real advantage if it is prepared professionally and meets all the necessary criteria. Judges are also cautious when marriage contracts are “imposed” on partners who were not satisfied with the effects, but did not feel they could say no. If it becomes clear that a prenup was signed under duress or that one of the spouses was suffering from poor mental health at that time, it can sometimes raise enough reasonable doubts for a judge to question the validity of the prenup.
The courts take marriage contracts very seriously; However, they will not hesitate to invalidate it if they consider it inappropriate or unfair to either party. If the marriage is long, then without a marriage contract, it is likely that the court would divide all the property equally. However, it is important that the agreement is properly prepared. GA`s accredited family team has years of experience brokering prenuptial agreements that are fair, realistic and mutually beneficial. Feel free to contact us today for more advice on the process. Call 01752 203500 or email [email protected] to find out how we can help. Prenuptial agreements will not be automatically enforced once a separation takes place, but they will still have a significant impact on court decisions. The prenup should be reviewed to ensure that it contains all the necessary details and that it is fair and reasonable, that no partner was subjected to pressure or coercion when they accepted it, and that each of you received independent legal advice about the agreement. While no one contracts a marriage and expects it to end in separation, many couples choose to sign a prenuptial agreement to avoid uncertainty and stress in the event of a marriage breakdown. It is also a useful tool before the second marriage, where, for example, there is a desire to protect the property of the children of the first marriage. It is important to note that if a marriage contract does not explicitly specify how long it must be valid, it means that it will remain in force permanently. It will be indefinite unless you and your spouse choose to revoke or change it at a later date.
The best way to ensure that your prenuptial agreement is binding and considered valid by the court is to make sure it is written correctly and, most importantly, fairly. Any provision of the agreement must be completely fair and must not favour one party over the other. The most common motivation for a marriage contract is when one of the spouses has many more assets or assets before the marriage. This means that in an equally divided divorce agreement, they lose much more than others. A spouse may want to protect savings or other assets that were accumulated for years or even decades before marriage. Cheaper services may be perfect for some couples, but a prenuptial agreement can be an incredibly sensitive agreement that can take time, so a quick service at upfront costs may not be appropriate. If you and your partner want to enter into a prenuptial agreement, you should seek legal advice to ensure that any documents you both sign are legally binding. When drafting a marriage contract, there are several aspects to consider. These include the following: A prenuptial agreement is simply an agreement that a couple makes about what would happen to their financial affairs after a divorce. If you are considering entering into a prenuptial agreement or have already decided that you want one, we strongly recommend that you speak to one of our local QualitySolicitors who will help you with all the different options and ensure that the contract has the best chance of withstanding court review. In the narrow sense of the law, marriage contracts are not enforceable in the UK courts.
Nevertheless, judges in the United Kingdom generally give significant weight to prenuptial agreements in proceedings and will make ample efforts to maintain them, provided that there are no problems with them, and that they have been drafted and signed with appropriate considerations and precautions. However, marriage and post-marriage contracts are currently not technically binding from a legal point of view. However, you can look at the statistics and look at the idea of a prenuptial contract across the UK in the same way as critical illness insurance – uncomfortable and hopefully useless, but useful when the worst happens. Our family law team members are highly experienced in drafting prenuptial agreements and make detailed arrangements on how you want to divide assets such as finances, pensions, businesses, and property. .