Family

Prenuptial Agreement

An increasing number of couples are now signing Pre-Nuptial Agreements, or ‘prenups’, before they get married, conscious that one in three marriages end in divorce.

Making a prenup is rather like insuring your house or car. They are a contract to say what will happen if you separate or get divorced.

They can also be called Pre-Marital Agreements or PMAs. Unmarried couples can make them too, in this instance they are usually called Living Together Agreements or LTAs.

It is important that prenups are signed at least 21 days before marriage, both parties tell each other what their financial position is and they each get their own legal advice.

If both parties freely enter into such agreements knowing what the implications are and intending to be bound by them, then the agreement will usually be binding and would be upheld by the divorce court, unless that would be unfair for one of the parties. For instance, if the couple have a child and the agreement does not properly provide for the primary carer of that child.

If you want to be advised about entering into a prenup or an LTA then please get in touch with any member of our experienced family team on 01228 552222 or email hello@burnetts.co.uk.