Pre-nups And Uk Law

Prenuptial agreements have for a long time been seen as an American practice

, something that most British couples feel is not necessary or desirable to enter into. However, pre-nuptial agreements are not just an American habit; they are popular and legally enforceable in Australia, and most of Western Europe. Despite the fact that they are so popular and work so well in many other countries, getting a prenuptial agreement enforced in the UK is still a legal nightmare.

Currently pre-nups are not legally binding in the UK. It is the divorce courts that have the final say on the division of assets should the couple not be able to divide their assets by mutual agreement. However, the contents of a pre-nup may be used to argue a case and the divorce courts will certainly take the contents of any pre nuptial agreement into account when coming to a decision.

Couples who live together, but are not married or are in a civil partnership sometimes sign pre-nup like contracts this type of contract is legally binding. Provided the agreement has been properly witnessed and is clearly written, it is binding. Couples in common law or civil relationships should be very careful when signing this type of contract. Even if the contract severely disadvantages one person, it is still legally enforceable.

For a contract between married couples to stand a chance of being upheld by the courts, both parties involved have to show that they both received legal advice prior to signing the pre nuptial contract. Even then, should the pre-nup agreement contain harsh terms that disadvantage one party the divorce judge can ignore the agreement. This is especially true if the terms of the agreement leave any children without proper financial support.

In the winter of 2010 new laws are expected to be passed in the UK that will make pre-nuptial agreements legally binding. Those agreements will be required to meet certain standards designed to stop people from entering into radically unfair arrangements. Those pre-nups that do not meet the required standards will not be legally enforceable.

by: Karen Jones.

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