Practical advice for your real world problems
Prenuptial Agreement Solicitors in Bridgend and Rhondda Cynon Taff
When getting married, most of us don’t want to think about the possibility that the relationship might not last. However, if you own property, have significant savings or other assets, and particularly if you have children, protecting yourself against the possibility of divorce is simply good sense.
A prenuptial agreement (commonly called a ‘prenup’) allows you and your future spouse to agree exactly how your finances will be divided if you separate, as well as sorting out other practical issues, such as where any children you have will live.
This is particularly important to sort out if you have children from a previous relationship, if you are buying a home together or if one of you will be living in a property that the other owns.
A prenup not only protects you against the possibility of your relationship failing, it can also remove a lot of unnecessary conflict and tension during your marriage. This is because you can agree how your rent or mortgage and other costs will be split, as well as removing any worries either party may have about the future.
Devonalds’ family law team are highly experienced with prenuptial agreements, so will be happy to advise you on how you might benefit and guide you through the entire process of creating a prenup or reviewing a prenup created by your partner.
If you are living together with your partner without getting married or entering a civil partnership, we can also help you with creating a cohabitation agreement.
For friendly, practical support to create a prenuptial agreement in South Wales, please contact your local Devonalds office.
Common questions about prenuptial agreements
Are prenuptial agreements legally binding in the UK?
While prenups are not strictly legally binding under current English law, they will normally be respected by a judge in divorce proceedings as long as the following conditions apply:
- The agreement was signed at least 28 days before the wedding
- Neither party was under pressure or duress to sign the agreement
- The agreement is fair and realistic
- Any children are provided for, whether they are from the relationship or a previous relationship
- Both parties must have made full disclosure of their assets at the time the agreement was signed
- Both parties must have taken independent legal advice before signing the agreement
Do I need a prenup?
We strongly recommend that every couple getting married considers creating a prenuptial agreement. This can not only give you peace of mind over what will happen if your relationship ends, it can also avoid conflict during your relationship over issues such as how household costs are divided.
However, a prenup is particularly worth considering if:
- You are buying a home together
- One of you is moving into a property the other owns
- You have, or are planning to have, children together
- One of you is intending to give up work or switch to part-time work in order to focus on raising any children you have together
What should you include in a prenup?
This will depend on your situation, but typical issues to cover in a prenup include:
- What will happen to your shared home if your relationship ends
- What will happen to any children you have together if your relationship ends
- How your savings, investments and pension entitlements will be divided if your relationship ends
- How rent or mortgage payments will be split while you live together
- What percentage of a shared home each partner owns
- How bills and other household costs will be paid
Can a prenup be overturned?
As a prenup is not a legally binding document, a judge can theoretically set aside the agreement in court if they consider it appropriate to do so.
However, in practice, a divorce court will normally only overturn a prenuptial agreement if:
- The prenup was not correctly prepared
- Your circumstances have changed so significantly that the prenup is no longer reasonable (e.g. you have had children since the agreement was made and it makes no provision for them)
How much does it cost to have a prenuptial agreement?
This will depend on the circumstances. For straightforward prenups we may be able to agree a fixed cost at the outset.
For more complex situations, where the exact amount of time and work likely to be involved is unclear, we will agree an hourly rate and then keep you regularly updated about progress so you can keep control of how much you are spending.
To find out more about the cost of making a prenuptial agreement, please get in touch.
Can you get a prenup after you are married?
A prenuptial agreement can only be created 28 days or more before you get married, and there is an alternative known as a ‘postnuptial agreement’ that can be used once you are married.
A postnup offers all the same protections as a prenup and has equivalent legal standing, so can be a good choice if you later with you had created a prenup or need to vary the terms of your prenup e.g. after having children.
Can you get a prenup for a civil partnership?
The equivalent to a prenup for civil partnerships is a ‘pre-registration agreement’ also sometimes called a ‘pre-civil partnership agreement’. This provides the same protections as a prenuptial agreement and has the same legal standing.
Why use Devonalds for your prenuptial agreement?
We recognise that you may be hesitant to discuss creating a prenup with your partner due to concerns that it seems unromantic or as if you expect the relationship to fail. However, with our sensitive support and straightforward advice, we can help to ensure both parties see the benefit of getting a fair prenuptial agreement in place.
Our team have many years of experience making prenups for people from all backgrounds, so can make sure all of the key issues are considered and accounted for. We have also represented a number of clients in divorce proceedings where there was a prenup, so know exactly how to plan for such situations and can act for you in divorce proceedings if required.
With a strong emphasis on clear communication, we can help to avoid any unnecessary conflict or tension, allowing you to get the protection you need without any negative impact on your relationship.
Devonalds is independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our prenuptial agreement solicitors in South Wales
- Sian Roberts
- Associate of the Institute of Legal Executives