In the UK, a Prenuptial Agreement, or Prenup, is a contract agreed upon by two parties that stipulates how their money and assets will be divided should their marriage end in divorce.
In England, Northern Ireland and Wales, prenups are not legally binding, but they are well regarded by courts and are usually upheld as long as certain conditions are met.
In Scotland, prenups are legally binding and must be followed by the court.
When do you get a prenup?
A prenup is designed to be signed before you get married. The ideal time to start thinking about getting a prenup is 6 to 12 months before your wedding. Deciding whether to get a prenup can be a sensitive conversation to have with your partner, so it is best to deal with it as early as possible.
If you decide to get a prenup, the process may take some time, so starting early means you can aim to get it signed sooner. The ideal time to sign your prenup is no later than two months before the wedding.
If you decide that you would like a prenup after you have already married, you can get a postnup instead.
How do you get a prenup?
You can get a prenup in a number of different ways.
Some websites offer downloadable prenup services, often for free. However, these may not be the most robust contracts if they are later considered by a court. For a more reliable and professional service, it is best to contact a solicitor, preferably one who specialises in family law.
In order for the prenup to be recognised in a UK court, you must meet the following conditions:
- Both parties must have entered into the agreement willingly.
- Both parties must have sought independent legal advice from a qualified solicitor. This helps avoid any suggestion that one party was forced or pressured into signing the prenup.
- The contract must be signed at least 21 to 28 days before the marriage. This helps avoid claims that it was rushed through at the last minute.
- There should be full disclosure of all financial assets. This makes the agreement open and honest, which makes it more trustworthy in the eyes of a court.
- No children you may have should be placed at a disadvantage within the agreement. This ensures that your child’s legal and ethical needs are properly protected.
- A solicitor must consider the agreement to be fair.
What should be included?
There are no strict legal requirements for what to include in a prenup. You can set out how you want a range of assets to be divided, including money, property and furniture.
If you are not sure what you would like to include, you can read our guide on what to include in a prenup.
How much does it cost?
The cost of creating a prenup in the UK can vary depending on where you go to get one. As mentioned above, there are cheap or even free services online, but these may not necessarily stand up if you need to rely on them later.
If you choose to use a solicitor, the fees can range from £1,000 to £10,000 depending on the complexity of the case, including VAT and expenses.
