Creating a Prenuptial Agreement UK with Higgins Miller

The lifting of COVID-19 restrictions in the UK is being driven by the success of the vaccine rollout and the general reduction in the levels of hospitalisations with the disease. This is leading to a gradual reopening of society as a whole and a return to something which is starting to look a little bit more like normal life, and for many people this will mean the chance to finally enjoy a wedding which they’ve had to put off at least once. The sudden rush to get married in the company of friends and family is also likely to lead to an increase in the number of people looking for a prenuptial agreement UK, and this is something which the experts at Higgins Miller are ready and waiting to help clients with. 

We specialise in family law, and this means dealing with highly stressful life events such as wills and probate, adoption and divorce. Our experience of the trauma and distress that the divorce process can involve is just one of the reasons why we’re so happy to help couples who are planning to marry to draw up a prenuptial agreement UK.

A prenuptial agreement UK is a document that sets out what will happen to the assets which each spouse brings to a marriage in the event of that marriage breaking down and divorce taking place. In the past, writing a prenuptial agreement UK was something that was only deemed to be necessary if the individuals in question were at least relatively high net worth. This is no longer the case, however, since increasing numbers of people are bringing assets such as property into a marriage, while the numbers who are now getting married for the second or third time means that many more marriages involve children from previous relationships. For these reasons, a growing number of people are keen to create a prenuptial agreement UK to safeguard their assets in the event of the marriage ending in a divorce, and the experts at Higgins Miller know exactly how to set about doing so. 

While creating a prenuptial agreement UK may seem somewhat pessimistic, it is actually simply a safety net that is put in place to avoid the kind of stress, conflict, anxiety and sheer cost which can be involved if a divorce leads to an argument over the distribution of assets. We’ve helped many clients to deal with the exceedingly difficult process of ‘fighting’ a contested divorce settlement, so we know from experience that creating a prenuptial agreement UK can help to avoid a huge number of problems further down the line. 

One of the things which our experience has taught us is that it’s never too soon to start thinking about creating a prenuptial agreement UK. Although a prenuptial agreement UK is not strictly speaking legally enforceable in the UK courts it is still highly likely to be used by the courts as the basis of any post-divorce agreement, but this is only the case if it’s been drawn up and created 100% correctly. Taking the time to draw the document up calmly and methodically in the months leading up to the marriage, rather than pulling it together quickly at the last minute will greatly increase the chances of creating an effective document. Even something as simple as the language used within a prenuptial agreement UK has to be chosen precisely and with huge care in order to ensure that there is no chance of a judge or lawyer being able to invalidate the document at a later date on the basis that it is biased. The following conditions also need to be met when creating an effective prenuptial agreement UK:

  • Each partner should have taken independent legal advice when the document was being created
  • The document should include a full and detailed disclosure of the assets which each partner is brining into the marriage, and the financial disclosure process should take place before any other work on the document is carried out. 
  • Neither partner should be under duress when entering into the agreement.
  • The prenuptial agreement UK should not be entered into less than 21 days before the date of the marriage. 

In order to ensure that the prenuptial agreement UK stays valid in the future, it should be revised and updated on a regular basis. This will take account of the fact that the financial balance in the marriage might shift over the years in a way that renders the original prenupinvalid. Aspects which might be included in a prenuptial agreement UK include the division of the family home post-divorce, what will happen to any properties which either partner brings to the relationship, assets such as money held in bank accounts, savings and stocks, the issue of existing children and what they might be entitled to in the event of a divorce and the question of responsibility for any debts which either partner accrues during the course of the marriage.   

Once it’s been drawn up, the prenuptial agreement UK will have to be signed by two witnesses, one representing each party. These witnesses must be over 18 and independent, rather than being family members. As well as signing the prenuptial agreement UK the witnesses will have to include their job details and their address. If you want to find out more about creating a prenuptial agreement UK please call us on 0161 429 7251 or email us at [email protected] We’ve recently passed our Cyber Essential accreditation, something which demonstrates our forward-thinking attitude and determination to remain ahead of the competition. The first 20-minute appraisal is provided free of charge, and we’ll give you the first appointment for a fixed fee, so you don’t have to worry about how much our advice is going to cost. If you want to explore our wider charging system then please take a look here.

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June 3, 2021

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