How to get a prenuptial agreement in the UK

Prenuptial agreements (also referred to as prenups) are legal contracts that provide a framework for how assets should be divided if a married couple decides to divorce later down the line.

Whilst prenups were previously considered only for more wealthy individuals, they have since become relatively common amongst people from all kinds of backgrounds who want to provide themselves with a form of financial protection before taking their first step into married life.

If you are marrying or entering a civil partnership and are considering the possibility of getting a prenup, it’s important to understand how this process works and exactly how to get a prenup.

In this blog, we will be discussing:

• What exactly is a prenuptial agreement?
• What is the cost of a prenuptial agreement?
• How do I get a prenuptial agreement?

What exactly is a prenuptial agreement?

A prenuptial agreement is a legal contract that clearly outlines how assets, property, debts and other financial assets should be divided in the event of a divorce or a dissolution of a civil partnership. It is important to note that whilst prenuptial agreements are not currently legally binding in the UK, the court may consider them during divorce proceedings if there are any disagreements.

Prenups often cover various financial matters such as the division of assets acquired before and during the marriage, how inheritance and gifts should be treated, spousal maintenance arrangements and financial responsibilities during the course of the marriage.

How do I get a prenuptial agreement?

Before speaking to any legal professionals, it is highly recommended that you begin discussions with your partner about a prenuptial agreement well in advance of your wedding or civil partnership ceremony, as this can help ensure you are on the same page, and can help make negotiations much smoother.

Following this, both you are your spouse should seek advice and representation from separate prenuptial agreement solicitors, as there are likely to be conversations that will need to happen to ensure that the prenuptial agreement is fair in its division of assets.

An experienced prenuptial agreement solicitor will ensure you are fully informed of your rights and obligations concerning the prenup and will help to amicably negotiate reasonable terms with your partner and their legal representation.

During prenuptial agreement proceedings, both partners are required to provide full disclosure of their assets, financial commitments, and income. Should it be discovered that either party failed to fully disclose any assets or income, the prenup may be rendered unenforceable. Following this, they will then negotiate and agree upon the terms of the prenuptial agreement, with the assistance of their prenuptial agreement lawyers.

After these terms have been agreed upon, the prenuptial agreement will be drafted in writing. Each party will need to review the agreement thoroughly alongside their solicitors, ensuring that their assets are protected and that the terms are fair and reasonable.

Once both parties are happy with the terms, they will need to sign the prenuptial agreement voluntarily. We highly recommend doing this well in advance of any wedding or civil partnership ceremony in order to avoid any potential claims of coercion.

What is the cost of a prenuptial agreement in the UK?

The cost of getting a prenuptial agreement in the UK can vary depending on the complexity of the asset involved in the prenup. If either of the spouses owns significant assets, debts or wealth, the drafting process may require more time and attention from the solicitors involved, therefore the overall cost may increase due to the added complexity.

If the negotiation process becomes complicated or there are multiple disagreements, this can increase the time taken during the process, meaning a significant increase in costs.

Contact our prenuptial agreement solicitors

If you are getting married or entering a civil partnership soon, and are considering getting a prenuptial agreement, our solicitors are available to help you. Our team of dedicated prenuptial agreement solicitors will be able to answer any questions you may have, whilst guiding you through the process step by step.

Having had many years of experience drafting high-quality prenuptial agreements for a wide array of clients, our solicitors have the experience and understanding to help you decide how you would like your assets to be divided.

To get in touch, call our Orpington office on 01689 887887 or email us at cwj@cwj.co.uk. You can also use our contact form to request a call back.