How to get the most out of your pre-nuptial agreement? - By: Clarapiere

There has been a lot of high profiled divorces and separation in the media over the past couple of months, but one reassuring thing that has come out of it all, is that pre-nups might actually be of assistance in your divorce proceeding.

Historically, pre-nups were not worth the paper that they were written on, but the courts have slowly begun to change their stance towards this document. In a case of Radmacher v Granatino, the Supreme Court decided that pre-nups should be considered by family courts so as to provide for an element of certainty in divorce settlements.

A pre-nuptial agreement is in essence a contract between two parties on how assets and any children are to be dealt with in the event of a divorce. In order to get the most out of your pre-nuptial agreement and see to it that it stands up in court, QualitySolicitors have compiled some top tips for you.

1.Make sure that you disclose all of your assets to your future spouse, as the court will not uphold an agreement if they suspect that you have not given full disclosure of all assets.

2.A pre-nuptial agreement also needs to be in writing as the court is not likely to follow an oral agreement.

3.Make sure that your agreement contains provisions that address any debt that you and your spouse may have incurred before marriage and how that debt will be dealt with in the event of a divorce and if it is still in existence.

4.Establish provisions that would detail how a person will be supported given certain personal circumstances. For example, should one spouse give up work in order to bring up the children, how should they be provided for financially? How long should they be provided for? All these little details need to be addressed in order to prevent a rather lengthy and painful divorce proceeding, should it occur.

5.As well as personal circumstances, you will need have provisions for professional ones. For example, how should pay raises or joint purchases be divided up between the two parties upon there being a divorce?

6.Don’t forget to discuss your children! Firstly, you will need to address who will maintain a residence for the children, what entitlement the other spouse will have in terms of visitation rights and what kind of education the children will receive. It is also beneficial to make provisions for how this is to be paid for. Should you and your future spouse be of different religions, it might be wise to discuss what faith the children would be raised in.

7.When writing your pre-nuptial agreement, it is important to use separate solicitors. While legal advice might be pricey, it is still cheaper than a lengthy court battle and involves a lot less emotional strain.

8.In order to prevent accusations of coercion, have the agreement written well in advance of the wedding. This allows both parties to get comfortable with the terms and avoid accusations of coercion.

9.It is crucial that the agreement is signed in the presence of a notary public by both parties and at the same time.

10.Finally, the court will only uphold an agreement that has an element of fairness. An unbalanced pre-nuptial that is not fair will be struck down by the courts.

Hopefully, this will give you a better idea of what steps to take for your pre-nup. If you wish to speak to a solicitor then contact us and we can put you in touch with your local QualitySolicitors.

About the Author

Antonia Torr is a graduate from the University of Leicester, with a degree in Law with European Union Law. Having enjoyed writing from a young age, Antonia has received numerous awards that act as a testament to her quality of writing. The UK's Best Solicitors in your area, please visit our website at http://www.qualitysolicitors.com

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