The UK Prenuptial Agreement and How the Courts View It
As the UK Prenuptial Agreement becomes more common, many people are unsure of its exact legal standing.
A prenuptial agreement (or prenup) is drawn up prior to marriage by a couple to specify how their assets will be divided if they should end up divorcing. Normally this will mean that any assets taken into a marriage by an individual will revert to their possession if the marriage breaks up. It should also mean there will be no squabbles over who takes what in the case of a divorce.
The Prenup avoids added trauma when a marriage ends. Emotion at such times are raw, and this can only be worsened if there is a battle over assets. If who owns what is laid out in advance in a Prenuptial Agreement, such unpleasantness may be avoided. However, when it comes to people living in the United Kingdom, is the Prenuptial Agreement legal?
It's certainly not illegal. However, a prenup has no actual legal status in the UK. But this should not mean that you and your former spouse should refrain from making such an agreement. In a case which gained much publicity, the Supreme Court in England did take a UK Prenuptial Agreement into account when protecting the assets of heiress from her former husband. So while the prenup currently has no legal status, there is now every chance it will considered by the courts. So if you are thinking about making a UK Prenup, you should carry on. But make sure that it is watertight to ensure that any United Kingdom court will accept it.
Bizarrely, should a couple live together without marrying, any agreements on assets are legally enforceable. It is only should they marry, and eventually divorce, that the division of those assets is a case for the courts.
There is nothing to stop a couple planning to marry making a Prenuptial Agreement in the UK without legal assistance. However, as the UK courts do not have to recognise them, all Prenups should be closely examined to make sure they will stand up to legal scrutiny. So it is advisable to employ a specialist UK Prenuptial Agreement Solicitor when drawing one up. Your lawyers will make sure that you have dotted the "i's" and crossed the "t's" as well as checking you have prepared for any other possible legal problems, for example by making the prenup more than 21 days prior to marriage. The 21-day rule is in place to ensure that no-one can be deemed to have signed the Prenuptial Agreement while under duress.
While the UK Prenup has no legal standing here, it can be taken into account by the courts. So it is in a couple's interest to ensure they drawn up in such a way to withstand legal scrutiny.
About the Author
Tim Bishop is senior partner at Bonallack & BIshop, a firm of experienced UK Prenup Solicitors who can advise you on your UK Prenuptial Agreement (http://www.prenuptial-agreement.co.uk ). He has grown the firm by 1000% in 13 years and has plans for further expansion. Tim is responsible for all major strategic decisions and sees himself as a businessman who owns a law firm.
Tell others about
this page:
Comments? Questions? Email Here