Prenuptial agreements (prenups) are used by couples who want to clarify their respective financial rights and obligations prior to marriage. Prenups detail how a couple’s assets will be divided in the event of a divorce, limiting the potential for conflict over who gets what.
There is no ‘one-size-fits-all’ approach, which means that exactly what to include in a prenup will differ from couple to couple. That said, there are several provisions which tend to form part of a standard prenup and are usually beneficial to include for most couples.
Our family law experts can advise on all aspects of prenups and will be able to provide guidance on your circumstances, including what inclusions would be in your best interests and what this will mean for your future if you were to divorce further down the line.
What should you ask for in a prenup?
It is important to stress that prenups are bespoke documents. When you discuss what you want to include in a prenup, you should be aware that it should always be specific to the details of your relationship.
There are no strict rules on what you should ask for in a prenup, but there are several matters which are commonly considered. Common prenup ideas for consideration include:
- The family home
- Any other properties you own together or individually
- Savings
- Investments
- Inheritances
- Business interests
- Vehicles
- Artworks
- Items of sentimental value
- Family trusts
- Pension savings
- Providing for children, including from previous relationships
No matter what you include in a prenup, it is essential that the agreement is fair to both parties and that the terms and implications are fully understood.
This is because, while not automatically legally enforceable, prenups will be recognised as evidence of both parties’ intentions and will hold significant weight in court proceedings, so long as the correct process was followed during the document’s creation.
What cannot be included in a prenup in the UK?
The guidance surrounding what can and cannot be included in a prenup is not set in stone, but it should be noted that the courts will usually only consider items relevant to a financial settlement.
Provisions which are unfair and/or unreasonable to either party, are against public policy, or prejudice children in any way are likely to be disregarded by the court.
Child arrangements and child maintenance are not typically included in a prenup. That said, it is often in a couple’s best interests to consider these matters and what arrangements should be made in the event of divorce or dissolution.
Can you contest what your partner asks for in a prenup?
Preparing a prenup should be a collaborative process. Since both you and your partner will need to sign off on a prenup, it is important that any objections to proposed terms are quickly raised so that they can be discussed and negotiated where required.
For a prenup to be considered by the court, it must be demonstrated that both you and your partner understand the terms and what they mean if you were to separate.
Can you change what is included in a prenup?
It is common for circumstances to change, meaning that a prenup, while once suitable, may no longer accurately reflect your situation. For example, you may have had a child, or your personal wealth has significantly increased. This is why it is sensible to regularly review a prenup and what sort of impact it is likely to have if you were to divorce.
If you already have a prenup in place but after the marriage you believe the terms needs to be updated and amended, you will need to agree and then sign a postnuptial agreement (postnup). A postnup works in much the same way as a prenup, with the only real difference being the point at which they are signed (before marriage vs. after marriage), of course there is a risk your partner may not then agree to sign a postnup after the event.
Advice on what to include in your prenup
If you need advice on what you should include in a prenup, or require guidance on whether it would be in your best interests to create a postnup, our team are here to help.
Our expert family law solicitors recognise that prenups can often be a sensitive issue, so we will be on hand to provide clear guidance and straightforward advice.
To take advantage of a free 30-minute consultation with an expert local family law solicitor, call 0800 321 3832 or complete our quick online form.
Sue Harwood
Divorce and family lawyer Cornwall
