How To Create A Reasonable Uk Prenup

Many people do not see the point in making the effort to create a UK prenup (prenuptial agreement) before they enter into a marriage.

Part of the reason for this is that they are yet to be recognised by the law as a proper legal document. However this looks close to changing so it is worth keeping an eye on the news to this end.

However putting this aside, you are still able to look after both of your futures (financially) when it comes to making a prenup. The key point to remember is that you should always be reasonable with each other when constructing such an agreement. If you think about this advice you will find the agreement much easier to construct.

At the moment if a marriage does end in divorce and the parties have made a prenuptial agreement then the judge will consider its content. It the terms are completely and clearly biased, then the judge can completed ignore the document. For example it might say that the richer of the two partners is entitled to 90% of the total joint assets upon divorce. If this is the male partner and it is in fact the female mother whom will be caring for the children, then this would not be seen as that fair. The fact that each party took independent legal advice from divorce solicitors before signing the agreement, will also increase the chances of the court taking a UK prenup into account when looking to divide family assets upon divorce.

This is a good reason to take your time when constructing your UK prenup, so that it represents both parties fairly. This will increase the chances of it being adhered to should a divorce ever become a reality.

Clearly it is sensible for both members of the couple to think about what they are contributing to the marriage. If one half were to bring 60% of the financial assets to the marriage and the other half brought 40%, it would not be unreasonable to split things similarly to this upon divorce. The more detail you can add to the agreement the more useful it will become in the event of a divorce.

As you can see a UK prenup is a logical document to put in place once you have decided to marry. You might not want to proceed if both of you are contributing to marriage equally. But even then certain circumstances would be greatly assisted if the parties had a UK prenuptial agreement drafted. In short, whatever you are going to contribute financially to the marriage, a UK prenup might be the best thing to have in place before you say, "I do."

by: Tim Bishop

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