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Ashby de la Zouch

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Do only celebrities and Americans get Pre-Nups?

The idea that a Pre-Nuptial Agreement is something “foreign” or a concern only for wealthy or famous people is something of a myth. Pre-Nups have become increasingly common in English law over recent years. Since a landmark case in 2010, they are often given significant or even decisive weight in deciding who gets what in divorce proceedings.

 

It is true that those with wealth to protect will be more interested in protecting that wealth through signing a Pre-Nup but that wealth does not have to be particularly significant for the Agreement to prove useful. A good example of a client who may be interested in a Pre-Nup would be a middle aged wife or husband entering into a second marriage who already has children from the first marriage and may wish to protect their home for the benefit of the children in the event that the second marriage does not work out. That is an extremely wide category of people in modern English society. Likewise, those who have either inherited or been given money or assets by their family or anticipates receiving such inheritance may also wish to provide for that in any Pre-Nuptial Agreement. Broadly speaking, a Pre-Nuptial Agreement will be useful for anyone who wishes to create a level of structure and certainty in terms of how their assets will be divided and on matters such on whether there should be any ongoing financial support should the marriage end badly.

 

As a Pre-Nup is only relevant to a divorce court as evidence (meaning that the court will not be strictly bound by its terms) it is important that the Pre-Nup is prepared properly and that certain features, such as the provision of legal advice to both sides and a full exchange of financial information, are present when a Pre-Nup is executed. As such, these are highly technical documents and specialist help is always likely to be required.

 

Find out more about Pre-Nups.

Speak to one of the team.

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