Prenuptial Agreements in the UK

Prenuptial agreements have been in something of a legal limbo in the United Kingdom. Unlike many jurisdictions in Europe and further afield, UK courts were not bound to accept them in a divorce hearing. While this is still the case in the UK, a recent landmark ruling gave a strong indication that English courts may now consider them.

In 2009 an Appeal Court took a UK prenuptial agreement into account when protecting the £100m assets of a German heiress from her ex-husband. That decision should give comfort to those UK couples intending to make a prenup ahead of their wedding day.

While such agreements are still not officially binding in a UK court, the appeal court's decision does at least give a strong indication that they will be taken into account in the unfortunate event of a divorce case.

The landmark ruling dealt with a case involving a huge sum of money, but even those couples who have nowhere near that amount, may seek to protect their personal assets should they ever divorce. However, they should appreciate how the prenup should be drawn up if it is to avoid being rejected by the British courts.

The agreement should be constructed in the UK. No British court will countenance a foreign agreement. The prenuptial agreement should be signed and dated at least 21 days before your wedding. Any less than this and the court may assume or believe that it was constructed under circumstances involving duress.

While there is no legal obligation for such an agreement to be drawn up with the assistance of a solicitor, it is most certainly advisable. A solicitor which has experience of drafting contracts - which a prenup is - will ensure it is watertight, thereby making it less likely that it will be thrown out by any divorce court.

Divorces are, more often than not, bitter affairs. Should one of the couple decide to not keep to the spirit of the prenup and make what his/her former spouse considers unreasonably demands on the division of any assets, then a properly constructed prenuptial agreement, worded and checked by a solicitor, may make all the difference. And it is because it will have such a huge bearing on the lives of the couple should they end their marriage, that it is so important that legal advice is sought when a UK pre-nuptial agreement is being drawn up.

If you're thinking of making a UK Prenuptial Agreement contact Bonallack and Bishop - Solicitors specialising in UK pre-nuptial agreements. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and has plans for its continued expansion.