A pre-nuptial agreement is entered into by a couple prior to marriage or civil partnership to regulate their financial affairs in the event that their relationship ends and is primarily used to safeguard the assets, including businesses, each brings into the marriage and inheritances and gifts received during the marriage.

The agreement will also set out how assets will be divided if the couple divorce. Whilst pre-nuptial agreements are not strictly legally binding under English law, if they are professionally drafted with both parties freely entering into it without any pressure, with the benefit of independent legal advice and honest disclosure of each other’s financial circumstances, then there is a very good chance that they will be upheld in court.

Some find that the concept of a pre-nuptial agreement setting out what will happen to your finances should your relationship fail unromantic, at a time when you are in love and planning your wedding. However, as more people marry later in life bringing in assets to the marriage or entering second marriages, perhaps with dependants they wish to safeguard, pre-nuptial agreements are increasingly common and should not be seen as taboo, but rather a pragmatic step that should be discussed, ideally, well in advance of wedding planning.

These agreements are not just for the wealthy; they are for anyone who wants to protect their assets and reduce the potential for uncertainty.

If you are considering a pre-nuptial agreement or want to discuss your options, then please do not hesitate to contact our expert family law team.