Prenuptial agreements in the UK: Are they legally binding?

Prenuptial agreements are becoming more common in the UK, especially among those who wish to protect assets before marriage. While not automatically legally binding, courts increasingly uphold them if they meet certain legal requirements.

For a prenuptial agreement to be considered valid in court, it must:

• Be fair and reasonable to both parties

• Be signed at least 28 days before the wedding

• Include full financial disclosure from both spouses

• Be entered into voluntarily, without pressure or duress

A well-drafted prenuptial agreement can strongly influence how assets are divided in the event of divorce, though the court always has the final say, particularly when children are involved. If an agreement is deemed unfair or leaves one spouse in financial hardship, it may be set aside.

Couples considering a prenuptial agreement should seek advice from a family solicitor to ensure that the contract is properly drafted and meets the necessary legal standards.

For expert advice on prenuptial agreements and how they may apply to your circumstances, get in touch with Owen Kenny on 01243 790532.

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