What You Need to Know Before Getting a Prenuptial Agreement

For many newly-engaged couples, the concept of a prenuptial agreement is probably the most unromantic thing imaginable. However, if you’re getting married then the topic of a ‘prenup’ is a conversation that’s well worth having with your future spouse.

There are plenty of pros and cons around prenuptial agreements, most of which are personal and need to be discussed between the two of you and an experienced family lawyer. But here’s what you need to know.

They’re not just for the rich

Prenups used to be solely used by the wealthy in order to protect their assets in the event of divorce. However, over the last few decades, prenuptial agreements have become just as essential for people.

After all, if you have worked hard before marriage, you’ll want to protect the assets that you spent years building up – whether you own 30k in savings or a £3m property. 

They’re legal in the UK

Although prenuptial agreements have been used for decades in the US and many European countries, their effectiveness has been disputed in the UK legal system. However, the 2010 case of Radmacher (formerly Granatino) v Granatino dictated that prenups are legally applicable in England and Wales.

In the case, the printing company heiress Katrin Radmacher appealed after a prenuptial agreement wasn’t recognised in English law and her ex-husband received more than £5m in a divorce settlement. The appeal was successful, and has the potential to impact thousands of on family law and divorce cases.

They’re not always binding

Despite this landmark case, there are still situations in English and Welsh law where a prenup can be disregarded.

After the case, the Supreme Court said:

“The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to the agreement”.

Therefore, if either party was forced into signing an agreement, or if the Court deems that the decision wouldn’t be fair, the prenup may not be legally binding.

For more information about the Radmacher (formerly Granatino) v Granatino case and the circumstances in which prenuptial agreements aren’t legally binding, check out our blog.

They’re useful if your partner has accrued debts

Not only are prenuptial agreements valuable in terms of protecting assets, they’re also very effective at protecting yourself from your partner’s debts and ensure that you don’t share liability for one person’s debts.

They’re useful in second marriages

Many people choose to enter into a prenuptial agreement for a second marriage, when they are more likely to have significant assets and want to ensure that their children remain entitled to their wealth after divorce proceedings.  

How do you get a prenuptial agreement?

The first step towards getting a prenuptial agreement is to talk to experienced legal professionals. Here at Howells Solicitors we specialise in all aspects of family law and can work with you guide you throughout the process of getting a prenup. We’ll take your personal circumstances into account and advise you on the best options available to you.

For more information about prenuptial agreements, visit our page, or enquire online today.


by Richard Scott