Prenups… not just for the rich and famous.

According to a survey carried out by the Marriage Foundation one in five weddings now start with a prenup. They may be considered unromantic by many and the last thing people want to think about in the midst of wedding planning but they are becoming increasingly popular and are a sensible option for those bringing assets into a marriage or civil partnership.

Contrary to popular belief, prenups are not just reserved for celebrities or the very wealthy. If you have a property, a business or significant savings acquired before the marriage or want to protect a large future inheritance then a prenup is well worth considering.  A prenup can set how assets acquired prior to and during the marriage should be divided on relationship breakdown and can also deal with income and debts.  Having a well thought out and detailed agreement can provide you with a degree of certainty and can avoid potential costly litigation further down the line. Prenups should also be considered by those who are marrying for second time or wish to ensure their assets pass to any children from a previous relationship.

Are they legally binding? Although not strictly legally binding in the UK they have a good chance of being upheld by a court provided they have been drafted properly and certain conditions are met. It is important that the agreement is signed at least 21 days before the wedding and that you do not feel pressured into signing the agreement.  It is also essential that both parties take independent legal advice and have a clear picture of their partner’s finances. The agreement should also meet the basic needs of the financially weaker spouse and any future children as failure to do may result in the agreement not being upheld by the Court.

If you have agreed to have a prenup, when should you start the process? Start discussions with your partner as early as possible, be open and honest about your finances and take early legal advice.  You should ideally start discussions at least 6 months before the wedding to give yourself enough time to think carefully about what should be included in the agreement. If your partner has asked you to sign an agreement close to the wedding date, do not feel pressured to sign the agreement without the benefit of legal advice. If you find yourself in this situation you have the option to enter into a post nuptial agreement shortly after the wedding.

Please contact our family team for further information. Our specialist family lawyers will discuss the advantages and disadvantages of entering into a prenuptial or postnuptial agreement with you and will tailor the agreement to your particular circumstances.

To discuss this, or any other Family Law related matter, please contact Dimple directly on 01483 887766, email info@hartbrown.co.uk or start a live chat today.

*This is not legal advice; it is intended to provide information of general interest about current legal issues.

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Dimple Patel

Associate, Family Law

Dimple is an Associate Solicitor in the family law department. She qualified as a solicitor in 2007 after reading law at City University, London and...

Associate, Family Law

Dimple Patel

Dimple is an Associate Solicitor in the family law department. She qualified as a solicitor in 2007 after reading law at City University, London and has worked as a family solicitor in Surrey and London. She joined Hart Brown in 2022.

Her practice involves advising on a broad range of family matters. She has particular expertise in dealing with financial settlements on divorce and regularly acts for clients with high value assets, businesses, pensions and assets located abroad. She also deals with the variation and enforcement of existing financial orders.

Dimple has considerable experience in advising on arrangements for children and relocation of children both within England and Wales and abroad. She also advises on pre and post nuptial agreements, cohabitation agreements, financial claims for children of unmarried parents and issues around domestic violence.

Dimple is a member of Resolution, a national organisation of family lawyers and other professionals committed to the constructive resolution of family disputes. She aims to provide clear, practical, tailored advice with a focus on early settlement.

Dimple often receives wonderful feedback from her clients, here are just a few testimonials.

“Dimple is very professional and reliable. I was able to always count on her excellent advice, quick responses to my queries and sympathetic balanced communications with all parties. I would whole heartedly recommend her to anyone dealing with family legal issues”

“Dimple quickly understood the challenges I was facing and we spoke a lot on the phone which I found helpful and calming. She is very bright, professional and warm and just the person one needs when dealing with difficult and unfamiliar issues. Dimple is committed, has good judgment and eye for detail. She is a highly competent solicitor and I highly recommend her.”

“Thank you so much for your help, support and advice through this difficult process. I appreciate all you’ve done and look forward to a brighter future, thanks to your help”

“Thank you so much for everything you’ve done for me. You were so easy to work with at every stage of the game and I really appreciated having you to turn to. I still can’t believe how smoothly everything went! And the good news is, I’m genuinely finding happiness again in my life.”

“Thank you for your assistance and support over the last few years in relation to my difficult and challenging divorce proceedings and help to conclude the child matters with the best result I could have hoped for. I appreciate all your efforts on my case. I am so happy that I am spending quality time with my son and that he is getting to know his extended paternal family. Thank you for helping to make this happen.”