20th June 2014
Should I get a prenup in the UK?
With the happy occasion of a wedding comes the possible complications of how to properly protect financial matters in the event of a future breakdown of marriage. There may be newly created family relationships, and there could be step-children arising for both husband and wife.
It is important to discuss what the couple’s objectives will be in respect of wealth built up individually prior to marriage, given that the starting point could be that there would be an equal division of financial assets in the event of marriage breakdown. It is necessary to consider whether that intent is to preserve the capital built up prior to marriage specifically for their biological children, whilst aiming to share the growth in those assets to a wider degree.
These are an important part of that type of planning, and many varied objectives can be accomplished. These days, Pre-Nuptial Deeds are of magnetic importance in short marriage, but in any event are carrying great weight in a divorce, provided they stand up to a fairness test. There can be complicated issues where there is an established business interest, or a significant disparity in the capital wealth built up.
Additionally, after marriage, the same consideration comes if husband and wife inherit money from their parents or relative, and the same objective of providing different wealth distributions for their biological children, and in this situation a Post-Nuptial Deed, signed around the time of receipt of the Inheritance, is recommended. To tie in with these Deeds, careful thought needs to be given to the specific definition of their shares in any property purchased or held, so that it ties in with the objectives in the Deed, and coincides with an appropriate Will.
Of course, not all families wish to differentiate between biological and step-children, but it is always best to take advice to ensure that the many solutions are considered, and the chosen objective met properly.
Feel free to contact the team about Prenuptials & Postnuptials on 0845 894 1622 or email email@example.com