prenuptial agreement is something that should always be considered alongside marriage. Also like marriage it should not be entered into lightly and you should where possible seek specialist legal advice.
However in choosing to follow the sensible route to looking after your future - whatever the outcome of your forthcoming marriage - creating an agreement like this should be done with due care and attention. A few hastily written notes on a scrap piece of paper may be enough to temporarily give you peace of mind at a time when you understandably have a thousand and one other factors to consider, but it is unlikely to benefit you in the long term.
You need to bear in mind that Courts in the UK do not legally enforce prenuptial agreements, although they do carry increasing weight especially after the recent case involving Karen Radmacher, the German heiress. It is perhaps more helpful to look at the alternative. Without having a prenuptial agreement in the UK in place, court awards on a divorce settlement can appear, to some, to be a lottery.
Approximately 50 per cent of all marriages in the UK end in divorce. Usually in cases involving richer parties, the court will begin with a 50/50 division of all property and assets. This may be fair and equitable in some cases but where one party in a marriage is considerably wealthier than the other, the outcome can either be very favourable or extremely unfair, depending on where you stand.
Therefore the potential danger for wealthy individuals without a prenuptial agreement in the UK is that they could lose half of their assets - even more - should they divorce. This can sometimes lead to a settlement being funded out of the sale of the family home and financial losses can be great.
The good news is that a properly drafted UK prenuptial agreement does go a long way to easing the uncertainty of how a UK court will look at your affairs.
For an increasing number of folk making a UK prenup, the motto is 'once bitten, twice shy'. You may well have been divorce in the past and had your assets unfairly depleted. Due to this, you will want to do everything in your power to stop this happening again with your next impending marriage. With a prenuptial agreement in the UK you can at least have the peace of mind that any future damage to your assets can not be anything like as painful.
------
Tim Bishop is senior partner at Bonallack & Bishop, a firm of solicitors who can draft you a
UK Prenuptial Agreement. For advice about pre-nuptial agreements then contact their experienced
UK Prenup solicitors today. Tim is responsible for all major decisions, seeing himself as a businessman who owns a law firm. He has expanded the firm by 1000% in 13 years and has plans for further development.
Loading...