What Should a Prenuptial Agreement Include?

What Should a Prenuptial Agreement include?
Legally reviewed by: Shakeela Bi In: Family

Should We Get a Prenuptial Agreement (UK)?

Getting married is a really exciting time, and the lead-up to your wedding is likely to be very busy as you make sure that you have everything ready for your life together. While it might be the last thing on your mind, it’s a good idea to agree on some form of prenuptial agreement with your future spouse. We can help you decide on what a prenuptial agreement should include so that you can put it out of your mind and get on with your lives together.

Contact us today for a simple explanation of what you will need to do and help with the process.

Please note: We are a solicitor firm with offices in the United Kingdom, and can only assist in family law matters to those living in England and Wales.

When Should We Consider a Prenuptial Agreement?

There are a few instances in which you should definitely consider making the decision to sign a prenuptial agreement. These are:

  • If there is a significant difference between the amount that you and your partner earn
  • If you are remarrying and have children from a previous marriage
  • If you own a business
  • If your partner has accumulated significant debts

If you are in the process of a divorce and would benefit from our mediation services, get in touch.

Read more about our family mediation service

What Should a Prenuptial Agreement Include?

Things that are important to include in a prenuptial agreement include:

  • Separate and marital property
  • Saving and spending strategies
  • Financial obligations during the marriage
  • Debt liability
  • Children from a previous marriage
  • Family property
  • Estate Plans
  • Property distribution in a divorce proceeding
  • Alimony/spousal support
  • State laws governing the agreement

Items that cannot be included include:

  • Child custody
  • Child support
  • Forfeiture of Alimony rights
  • Rules concerning personal matters
  • Anything that could be considered Illegal or Unfair
  • Lifestyle clauses

Can a Prenuptial Agreement Protect Any Future Assets or Earnings?

Whilst you and your partner may currently be evenly matched in terms of earnings, there might be something in your future that will substantially alter your prospects. Maybe you are starting a business, taking over a family business or likely to inherit a large sum of money.

With the help of our expert solicitors, a well-drafted prenuptial agreement can cover every eventuality and can also protect future earnings.

What Does the Prenuptial Process Involve?

Once your partner and you have agreed on a final draft, you must both sign it to state that you agree to the terms. It must then be witnessed by two different people – one for each member of the couple. These witnesses must be:

  • Over the age of 18
  • Not part of the family of either party
  • Considered to be of full mental capacity

Each witness will be required to sign the document and state their name, current address and their occupation.

Does a Prenuptial Agreement Affect a Will?

In some rare cases where a will does not state the same wishes as a prenup, courts tend to rule in favour of a prenuptial agreement as long as they were considered to have been fairly negotiated between the spouses. This makes the prenuptial process more important than ever, and specialist advice will really help you get it right.

Getting in Touch

We understand that it might seem like a difficult subject to bring up before your wedding, but a well-crafted prenuptial agreement can actually strengthen the trust in a relationship and let you both know that you’re on the same page. We help lots of different couples get the right agreement for them.

Our family law solicitors can help you set out your prenuptial agreement with ease. We can further help with writing your Will and setting up Power of Attorney, so all your matters are dealt with in one place.

Get in touch today for your own tailor-made draft.

Legal Disclaimer.

All advice is correct at time of publication.