Drawing up a UK Prenuptial Agreement - By: Tim Bishop

A UK prenuptial agreement made in advance of the wedding day ensures that each party protects their personal assets. Being a legal document it has to be drawn up correctly. It is also in a couple's best interest to use the services of a solicitor when drawing up the agreement. This is particularly important as UK courts, under current law, do not have to take a prenup into consideration when deciding how to divide up assets following a divorce. A UK prenuptial agreement can also be quite complicated, so seeking legal advice when drawing one up will assist greatly

So when deciding how to make a prenuptial agreement, the following points should be included.

- Both parties should ensure that all details of their personal assets are listed when devising a prenup. If they fail to do this the courts may refuse to consider the agreement should a divorce case ever ensues.

- The prenup must be drawn up no later then 21 days before the wedding. If this is done later it may be subsequently claimed that agreement was made while one of the couple was under duress.

- Make sure that all the provision of the agreement are written down and included in the prenup. This is vital if there ever is a divorce and the agreement has to be presented to a court.

Preparing to marry is a time of romance and the thoughts of divorce will be the furthest from a couple's minds. Nevertheless, we have to be realistic. Unfortunately 50% of modern day marriages in the UK end in a divorce, therefore it is sensible to prepare for the worst. This should be obvious to those who have previously been divorced, but for those contemplating marriage for the first time, they should still give serious consideration to making a prenup.

A A prenuptial agreement is more crucial for those with many assets whom are about to enter into a marriage. It will help them keep them should the marriage end. Without the prenup he or she could lose at least half of them. Also those assets acquired during the marriage may also be protected by a prenup, provided this is stipulated in the original agreement.

Making a prenuptial agreement is a sensible precaution should the marriage turn sour and end in divorce. With these agreements still having no formal legal standing in the United Kingdom, it is clear that following the much-publicised Radmacher case, but UK courts will pay increasing amounts of attention to them. If you do decide to enter into a prenuptial agreement, it is absolutely essential it stands up to scrutiny when being looked at by a court. This must be considered when deciding how to make a prenuptial agreement.

About the Author

Bonallack & Bishop are solicitors specialising in UK Prenuptial Agreements. If you need advice on a UK pre-nuptial agreement then contact them today. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and sees himself as a businessman who owns a law firm.

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