Are prenups legally binding?

A common area that couples often question is if prenups are legally binding? The short answer is no. Despite these written agreements not being legally binding, they show your intent which can be referred to by the court in any financial remedy matters. Careful consideration needs to be put into the drafting of an agreement, to ensure it conveys your intent with your partner.

In this article, we will explain how legally binding prenups are as well as the considerations that need to be carried out before drafting one.

What are prenups?

Prenups are written agreements, drawn up by a couple prior to or shortly after a marriage. There are two types of prenups known as pre-nuptial and post-nuptial agreements, as the titles explains one is prior to marriage and one following. The purpose of prenup agreements is for the couple to express how they want their assets to be divided in the unfortunate event of divorce. Only those seeking marriage can obtain a prenup, therefore, those who are not will have to enter into a cohabitation agreement.

Are prenups legally binding?

A prenup is not considered legally binding. While lacking legal status, it can be used as a valuable means for couples to express their wishes. Since both parties sign the agreement, it can be used as evidence in court hearings, offering insight into the couple’s intentions at the time of signing it. In summary, although not legally binding, courts often use prenuptial agreements to comprehend the couple’s wishes, significantly aiding in the resolution of legal proceedings. A couple may be held to the contents of an agreement if it appears fair and reasonable in all the circumstances of the case.

What considerations need to be made with prenups?

When looking at obtaining a prenuptial agreement, couples will need to consider what assets one or both of them have brought into the marriage. Couples should also consider what will happen to these assets if the marriage was to end in divorce. In addition to this, couples can make decisions for any future or current children in regards their living arrangements and financial support.

Another important factor to consider is that both parties will need to be present when dealing with prenup agreements, albeit with separate solicitors. Both will need to be happy with the agreement, have exchanged financial disclosure and have sought independent legal advice.

How can our family lawyers help?

Here at Taylor Bracewell our family lawyers highly recommend anyone married or seeking marriage to consider a prenup agreement. Despite them not being considered as legally binding, the weight they carry is significant and our team have had years of experience in drafting and dealing with disputed  agreements in court; therefore they can also advise if your agreement is likely to be upheld at court.

Our friendly family team are passionate about providing an individual service and connecting with our clients, this enables them to understand our client’s legal needs and provide a tailored service. If you wish to speak to a member of the team, don’t hesitate to reach out to them by calling 01302 341 414 for our Doncaster Solicitors and 0114 272 1884 for our Sheffield Solicitors.