Prenuptial Agreements

We know. It sounds pessimistic and unromantic to start your married life discussing divorce and the division of assets.  However, a prenuptial agreement is an invaluable tool should the worse happen. Rather be sensible, open, and honest at the start of your union and save you some heartache later.

What is a prenup?

A prenup is a contract before marriage or civil partnership where the parties set out what would happen to assets if the marriage fails. In simple terms, a prenuptial agreement says ‘who gets what’ in the event of a divorce or civil partnership dissolution, and it is not just for celebrities and the very rich.

At Robertsons Family Law, we have extensive experience assisting and advising couples with prenuptial agreements.   

A prenuptial agreement does not make divorce or dissolution more likely!  The prenup meaning lies in removing uncertainty for both parties so that it is clear from the outset what would happen if the relationship failed.   

We think it strengthens a marriage because the parties get to be honest about what they own and what each brings into the marriage.

How Can Robertsons Family Law Help?

The document that you both sign must be legally binding. A prenup is not automatically legal and it is therefore important that it is done correctly and in the correct and legal way.

Our family law solicitors will get the complete picture of your collective financial assets.  The agreement we will draw up will state how property, savings, investments, and any other assets that you may have will be divided in the event of a divorce or dissolution. How you want to split your assets is up to you and you can be as specific as you wish.

The solicitors in our Robertsons Family Law team have the legal expertise and practical know-how to guide you in preparing a prenuptial agreement tailored to your circumstances.   We fully understand the nuances of the law – which is particularly important if you have assets in foreign jurisdictions. If you are already married or in a civil partnership, you should read our page that discusses postnuptial agreements.

FAQs on a Prenuptial Agreement

Can I do a prenuptial agreement myself without a solicitor?

We would advise you not to. Prenuptial agreements are often not upheld by the court if drafted incorrectly. Both parties should seek advice from separate impartial solicitors so that the court can be sure that you fully disclosed all assets, and nobody was under duress when you signed the prenup.

What if I signed a prenup that I regret?

The judge will look at your prenup during your divorce proceedings or dissolution proceedings and will consider its integrity and the circumstances in which it was agreed.   

If you are unhappy with your prenuptial agreement, there is still a chance that it may not be upheld and that the court will make its own financial order.   Our experienced solicitors at Robertsons Family Law will be happy to assist you.

How does a cohabitation agreement differ from a prenup?

A cohabitation agreement is between two unmarried people, which put rules in place determining what would happen to their shared assets, should they separate. A prenup agreement considers much of the same decisions but intended for people who want to get married.  If you have no intention of getting married but want to live with someone, a cohabitation agreement would be more suitable for you.

Should all couples have a prenuptial agreement?

The overriding reason for having a prenuptial agreement is to help reduce potential conflict if the couple should divorce.  

A prenuptial agreement is valuable if:

One spouse has more wealth than the other. Therefore, without a prenup, the person would stand to lose more than the other in the case of divorce or dissolution.

One party owns a business.  A prenup can place a company outside of the marital ‘pot’ and safeguard the interests of the business owner, shareholders, and employees.  

The parties marry late in life, and there are children or previously owned property to consider. 

These are not the only reasons to consider a prenuptial agreement. If you are unsure of what you should do, our Robertsons Family Law team will be happy to assist.

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