Why Have A Uk Prenuptial Agreement?

UK courts are not bound by the law to consider prenuptial agreements when hearing divorce cases

. This leaves a feeling of uncertainty when making such an agreement in the UK. Nevertheless a recent case does show that the courts are considering the content of a prenuptial agreement more and more should it come to a divorce hearing.

In 2009 an Appeal Court took a UK prenuptial agreement into account when protecting the 100m assets of a German heiress from her ex-husband. That decision should give comfort to those UK couples intending to make a prenup ahead of their wedding day.

While such agreements are still not officially binding in a UK court, the appeal court's decision does at least give a strong indication that they will be taken into account in the unfortunate event of a divorce case.

The landmark ruling dealt with a case involving a huge sum of money, but even those couples who have nowhere near that amount, may seek to protect their personal assets should they ever divorce. However, they should appreciate how the prenup should be drawn up if it is to avoid being rejected by the British courts.

The agreement should be constructed in the UK. No British court will countenance a foreign agreement. The prenuptial agreement should be signed and dated at least 21 days before your wedding. Any less and the courts in this country may well assume that it was signed while one of the two spouses-to-be was under duress.

Even though there is no legal requirement to draw up a prenuptial agreement with a solicitor it is sensible to do so. A solicitor which has experience of drafting contracts - which a prenup is - will ensure it is watertight, thereby making it less likely that it will be thrown out by any divorce court.

Divorces are, more often than not, bitter affairs. Should one of the couple decide to not keep to the spirit of the prenup and make what his/her former spouse considers unreasonably demands on the division of any assets, then a properly constructed prenuptial agreement, worded and checked by a solicitor, may make all the difference. It is crucial that legal advice is sought when drawing up a prenuptial agreement because the arrangement has such an important effect on a marriage.

by: Tim Bishop

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