subject: Why Couples Should Consider UK Prenuptial Agreements [print this page] A divorce is one of the most stressful things that can happen to anyone. Not only is there often bitter disappointment at the ending of a marriage, but the division of assets between the two former spouses can cause further resentment.The division of assets can cause particular bitterness if one of the couple entered the marriage with assets and wealth of his/her own. They may feel entirely resentful that the court gave such a large proportion of their assets to their former spouse. One way to avoid this is through a prenuptial agreementPrenuptial agreements, which by definition are signed before the wedding day, offer several advantages, particularly to those taking the greatest wealth into the relationship. In short, what you take into the marriage stays yours should it all end in divorce. Another advantage of the prenup is that it may also take into account how assets gathered during the marriage are to be divided should a divorce ensue.Even though in the news you only hear of the rich and famous having prenuptial agreements. Pre-nups are not only for the rich and famous. While a prenuptial can hardly be seen as romantic, they should be seen as prudent planning for the future should things between you and your spouse go badly wrong.Whilst in other foreign jurisdictions prenup agreements are enforceable in the courts, in the UK they are not. However, that does not mean you and your future spouse should not seriously signing a UK prenup agreement, as UK courts may still take them into consideration when issuing rulings on divorce settlements and they may become enforceable in the future in the UK.If you are seriously considering making a UK prenup, there are a few basic things you should be aware of. Firstly, make the agreement at least 21 days before the date of the wedding. If it is signed any later a court could well rule that it was drawn up while one of the parties was under duress. Secondly, seek legal advice. A signed UK prenuptial agreement can effect the distribution of assets during a divorce significantly. Taking the advice of a solicitor will not only ensure that any UK prenup is properly drafted but the very fact that independent legal advice was taken will make the court much more likely to take the agreement into account when deciding how to divide the family assets. A court could turn around and refuse to even look at a self made prenup agreement. And thirdly, even if the agreement has been dealt with by a solicitor and is all above board, a court may reject it if the marriage is only short lived.By following these basic guidelines, you will appreciate the advantages of a UK prenuptial agreements should you ever divorce.
Why Couples Should Consider UK Prenuptial Agreements
