Prenuptial agreement solicitors in Leicester

A prenuptial agreement sets out how a couple’s money and property should be divided if the marriage ends. They used to be seen as unenforceable in England. That’s no longer really true, although they still aren’t binding in the way a contract is.

What makes a prenup likely to be upheld

• Both people take independent legal advice from separate solicitors.
• Full financial disclosure from both sides, so each knows what they’re giving up.
• No pressure, including time pressure close to the wedding.
• Fair outcome, particularly that it meets both people’s reasonable needs and those of any children. A prenup that would leave one spouse in real need is unlikely to be followed.

The agreement should also say what happens if circumstances change, such as the birth of children, and be reviewed when they do.

When they’re worth considering

Second marriages where there are children from an earlier relationship. Where one person owns a business, farm or family wealth they want to protect. Where one person is expecting an inheritance. Where there’s a big difference in assets going into the marriage.

Cohabitation and civil partnerships

Civil partners can make equivalent agreements. Couples living together without marrying can make a cohabitation agreement, which works differently. See cohabiting couples separating.

Common questions