Is there any need for a pre-nuptial agreement?


In the UK prenuptial agreements are not yet enforceable in court.  The court makes the final decision on how finances will be split.  However, English courts are taking them into account more, though not necessarily following them to the letter.  This is often because the couple’s circumstances have changed since they made the agreement, such as by having children of their own.

The reasons for wanting a prenuptial agreement are really quite positive.

Firstly, if either of you already own a home, a prenuptial would probably state that it would enable you or your partner to keep the home in the event of a divorce.

They could also state the terms relating to you buying a property together after the marriage, and the terms of how it would be split in the event of your divorce.  This could be particularly beneficial you have children together.

It can also state how they would want any possessions purchased after the marriage to be divided in the event of a divorce, such as going to the person who bought the item, or contributed the most to it.

Having a prenuptial agreement does not mean that either of you is planning for the failure of the marriage, but rather its purpose is to try to make things easier and more straightforward, in the event of a divorce.

For more information, check out this article from London-based solicitors, Hodge, Jones & Allen.


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