The benefits of having a prenuptial agreement

While a 'prenup' can be difficult to discuss with your partner and may seem unromantic to factor into your list of wedding preparations, it's important to understand the benefits of having one and to discuss it openly and honestly. This article will explore the advantages of having a prenuptial agreement, who should consider one, and how to get one.

What is a prenuptial agreement?

A prenuptial agreement, or 'prenup' for short, is a legal document that couples should consider when getting married. A prenup is an agreement between a couple that details how their assets and liabilities will be divided if they divorce or if one dies. It also outlines the rights and responsibilities of each party in the marriage. 

Advantages of having a prenuptial agreement

A prenup does several things for a couple considering marriage. First, it helps protect both parties' assets in case of a divorce or death. The prenup also helps to ensure that the couple's assets are divided fairly.

Another benefit of having a prenup in place is that it can help reduce the stress and conflict that can arise during a divorce. Having a prenup in place lets both parties know exactly what to expect if their marriage does not work out; this can help reduce the time and money the couple would have to spend in court and make a divorce smoother for all involved.

Prenups can help to protect a partner's assets, such as business interests, inheritances, and investments. This can be particularly beneficial if one partner has accumulated significant wealth before the marriage.

Are prenuptial agreements beneficial for everyone?

Traditionally, prenups were most commonly used amongst celebrities and the super-rich to protect their wealth. However, prenups can benefit all marriages, as it safeguards your future. Anyone getting married should consider having a prenup in place. 

Additionally, anyone with children from a previous marriage should consider a prenup. This is because the prenup can help protect the children's assets if the marriage breaks down.

How to get a prenuptial agreement

In the UK, there are no procedures in place to make a prenuptial agreement automatically legally binding. However, they are still relied on in court and divorce proceedings as long as the below criteria are met:

• Both parties have received legal advice and met their needs by the agreement. 
•  The prenuptial agreement must be fair, contractually valid, understood by both parties and made at least 28 days before the wedding.
• Children should not be prejudiced.

How to discuss a prenup with your partner

Discussing a prenup with your partner can be a complex and sensitive subject. It's important to approach the subject openly and respect each other's opinions. Be honest with your partner about why you think a prenup is necessary. Explain that both parties have certain rights and responsibilities and that a prenup can help protect those in the event of a divorce or death.

Finally, it's important to be open to negotiation. Both parties should be willing to compromise to come to a fair agreement for both involved. Remember, this is one of the conditions that must be met for it to become legally binding.

Get in touch

For legal advice and help, please contact our team of expert Family Lawyers on 023 8063 9311 or email family@warnergoodman.co.uk.