What does a
pre-nup really mean?

 

An increasingly frequent feature of wedding planning when you each bring your own financial assets to a relationship, a pre-nup sets out in writing what will happen to your marital or civil partnership assets should you separate.

If your resources are significantly greater than your partner’s on entering into your relationship, you might want to retain more of your wealth should your relationship breakdown. Equally, you may wish to ‘ring-fence’ specific assets such as a business, an inheritance or an asset of particular importance to you individually, or to protect the interests of your children from any previous relationship.

Although legally recognised in many other countries, it was only in 2010 that the Supreme Court ruled that pre-nuptial agreements should have ‘decisive weight’ in the divorce courts in England and Wales.

In order for your agreement to be taken into consideration by the Court, it is essential that you each

  • make a full and frank exchange of financial information
  • take independent legal advice from an expert solicitor.

Our specialist legal team has a wealth of experience in drafting these agreements. Your Miles & Partners solicitor will ensure that, should your partner challenge it later, your agreement will have all the characteristics necessary to be found by the court to have ‘decisive weight’, he or she will inform you about review clauses to allow for any change in your circumstances and will help you to update your agreement should you have children together.

Contact us to put a pre-nup on your wedding list.