Many couples are using the prenuptial agreement as a way to protect their assets and capital before they enter into marriage with each other. Prenuptial agreements help to define the scope of certain aspects of a divorce, should they need one.
Prenuptial agreement can be drawn up by a divorce solicitor in London at our office, Saracens Solicitors.
What’s in a prenuptial agreement?
Prenuptial agreements are designed to protect the individual partners’ assets, capital and earnings. These agreements can also be used to prevent either individual from benefiting financially from divorce. Prenups, as they are colloquially known, can also limit the debt liability of either party, as well as protect one partner being responsible for the other partner’s debts. Not only that, but they can be used to ensure that the right people inherit family heirlooms, stopping them from being lost in a divorce or after either partner dies.
Prenuptial agreements cannot supersede the law in areas such as child custody, where specific rights already exist, and they cannot be used to dictate personal matters such as who does what within the marriage.
What is the legal force of a prenuptial agreement?
The UK has no solid legal basis for supporting for prenuptial agreements but, as the years go by, the volume of precedent for their enforcement is increasing. If such agreements are reasonable, and willingly entered into by both parties, they will have more weight. However, any part of a prenuptial agreement can still be overruled by a court if there is any dispute over the document at a later date.
The provision of legal advice from a divorce solicitor in London when a prenuptial agreement is being put together can give it more weight during later court proceedings.
A divorce solicitor in London can help create an agreement, making it robust and useful if it is ever needed. Such a solicitor brings the advantage of neutral professionalism to guide the process and offer impartial advice during a time when emotions can run high, usually joyful ones before a marriage, but these can turn into resentment and even a desire for revenge during a divorce.