Why should I get a prenup | Winston Solicitors UK Skip to main content

Prenups - an insurance policy for you and your family

A marriage or civil partnership is hoped to be a life-long commitment between partners and all good partnerships are built on communication, mutual agreement, and shared goals. As much as you would never dream to start a business with a business partner on good intentions and best wishes, the same should be considered for a personal relationship, and formal pre-nuptial agreements should be part of your necessary pre-wedding tool kit.

  • Can a prenup protect my inheritance?
  • Can a prenup protect my savings?
  • Can a prenup protect the capital in my house?
  • Can a prenup protect my gifts I have had from family?

The answer is yes – a prenup can help protect all assets that have not been accrued by virtue of your relationship with your partner.

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There would be no hesitation in understanding why on top of the wedding plan checklists there is a recommendation for wedding insurance.  Many things can happen that are out of your control, as to why a wedding sadly could not take place.  Yet the same should be said for a prenup and should just be considered as a further insurance policy – it is there to protect the common intentions that you set out with when you agree to marry.

Anything can go in the agreement and it will be bespoke to your needs.  It is essential you obtain professional advice on this as often agreements that you may find on the internet for a quick, cheap fee are not tailored to your individual needs and actually offer very limited protection in the long run when you need to rely upon it.

This is especially the case for those with assets acquired before marriage, with significant inheritances, or coming to the marriage perhaps with a family from a previous relationship who they wish to protect financially.

The agreements can help you protect your business and set out how you will run and operate your business during your marriage and upon separation.  You can set out your agreements with regards to your children or any children you hope to have, and this can include children from previous relationships and set out inheritance principles for your children in the agreement.  You may be aware that you will receive an inheritance one day and you would like to make provisions for what will happen to this.  You may have significant pension assets that you wish to protect and these can also be protected.

A bespoke prenup can be made for your family to suit all your circumstances.

If you have already celebrated your special day and now realise you wish to record agreements regarding your financial circumstances, this can be encompassed in a post nuptial agreement.  The agreement is very similar to a pre nuptial agreement but removes the needs for this to be completed before the wedding day.

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There is no time bar if you wish to remarry in England or Wales but you will need to check the country in which you intend to marry but you must have your Final Order (previously known as Decree Absolute).

You should also check with your solicitor about any effect your remarriage might have on your financial entitlement after your divorce if you have not yet finalised your finances following your divorce/dissolution.

Research tells us that arrangements agreed between the parties are much more likely to succeed if they are made by agreement between the parents. However, where one parent does not agree to those arrangements we can suggest alternative ways of reaching a resolution for your children for example, you may need to try mediation, arbitration or ultimately court proceedings to help you sort these arrangements.

These are the court proceedings that you can apply to the court for following a divorce/dissolution which will ultimately provide orders for a financial settlement.

This is a specific type of court application that is available to request an order to provide financial assistance for children from an unmarried parent.

Mediation is an impartial independent service who can assist you and your ex-partner to make arrangements for your family upon separation.