How a UK Prenuptial Agreement Works - By: Tim Bishop

Prenuptial agreements have been in something of a legal limbo in the United Kingdom. Unlike many jurisdictions in Europe and further afield, UK courts were not bound to accept them in a divorce hearing. While this is still the case in the UK, a recent landmark ruling gave a strong indication that English courts may now consider them.

In 2009 an Appeal Court took a UK prenuptial agreement into account when protecting the £100m assets of a German heiress from her ex-husband. That decision should give comfort to those UK couples intending to make a prenup ahead of their wedding day.

While such agreements are still not officially binding in a UK court, the appeal court's decision does at least give a strong indication that they will be taken into account in the unfortunate event of a divorce case.

The landmark ruling dealt with a case involving a huge sum of money, but even those couples who have nowhere near that amount, may seek to protect their personal assets should they ever divorce. However, they should appreciate how the prenup should be drawn up if it is to avoid being rejected by the British courts.

The agreement should be constructed in the UK. No British court will countenance a foreign agreement. The agreement must also be signed prior to 21 days before the date of the wedding. Any less and the courts in this country may well assume that it was signed while one of the two spouses-to-be was under duress.

Even though there is no legal requirement to draw up a prenuptial agreement with a solicitor it is sensible to do so. A solicitor which has experience of drafting contracts - which a prenup is - will make sure that it is comprehensive and thus it is less likely to be disregarded by a divorce court.

Divorces are often emotionally stressful and bitter. If one spouse decides to be particularly unreasonable and make demands that the other spouse cannot sustain, then a properly drafted prenuptial agreement could make all the difference in this situation. It is crucial that legal advice is sought when drawing up a prenuptial agreement because the arrangement has such an important effect on a marriage.

About the Author

If you're thinking of making a UK Prenuptial Agreement contact Bonallack and Bishop - Solicitors specialising in UK pre-nuptial agreements. 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 has plans for its continued expansion.

Article Directory Source: http://www.articlerich.com/profile/Tim-Bishop/62652

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