Is it legal to protect my assets from my partner before marriage?

It is a leap year and as is traditional on the 29^th February, you may be considering popping the big question to your other half!

Many people wish to try and protect their assets before tying the knot. In this ‘Is it legal to…’ we explore what is possible.

Is it legal to protect my assets from my partner before marriage?

With nearly half of UK marriages ending in divorce, it is understandable why there is an increase in couples trying to protect their assets before they get married. Here’s what you can do…

Prenuptial Agreement

More commonly known as a ‘prenup’ – this is a legal contract which seeks to set out how finances will be dealt with in the event of separation and usually, to protect an individual’s assets, and what they bring into the marriage.

Postnuptial Agreement

A ‘postnup’ is essentially the same as a ‘prenup’, but is completed after the parties are already married.

Is a prenup/postnup legally binding?

Currently a prenup/postnup agreement is not legally binding in England and Wales.

In the event of separation, and if one party no longer wishes to respect the agreement, then it can be referred to within financial proceedings.

As to whether it is enforceable or not, will depend upon a number of factors, which we can advise you about.

How can I strengthen my position in court?

• Both parties should seek independent legal advice.
• Full financial disclosure by both parties is required.
• The agreement is written in plain and unambiguous language (to avoid confusion).
• Must be written by a qualified solicitor in Family Law.
• It is also really important that a party is not put under duress to sign an agreement, so please consider entering into an agreement with plenty of notice prior to a marriage ceremony.

If you would like more information on prenup/postnup agreements, please contact our expert Family Law team on 01603 620508 or through our contact enquiry form below.