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What we'll cover
What is a Prenuptial Agreement?
A Prenuptial Agreement (or ‘Prenup’) is an agreement between a couple, made before they marry or form a civil partnership, that addresses the ownership of any property should their marriage or civil partnership end. Prenuptial Agreements set out the assets (ie property and money) that belong to each person before the marriage or civil partnership and clarify that they will remain the property of that person after the ceremony and, if it ends, the marriage/civil partnership itself.
For use in England and Wales only.
When should I use a Prenuptial Agreement?
Use this Prenup if you and your partner:
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are getting married or entering into a civil partnership
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want assets owned separately to remain in separate names
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want liabilities owed separately to remain in separate names
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want neither of you to have any claim against the other for maintenance or support if the marriage or partnership breaks down
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agree to complete this agreement and are honest about your finances and property
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have taken (or will take) independent legal advice
Sample Prenuptial Agreement
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PRE- AGREEMENT
THIS AGREEMENT IS MADE on_____________________________________(date)
BETWEEN:
- of , , (Party 1); and
- of , , (Party 2)
(each a Party and together the Parties).
BACKGROUND
- The Parties intend to.
Personal Details and Residence
- Party 1 is and is habitually resident in and domiciled in and is a national of .
- Party 2 is and is habitually resident in and domiciled in and is a national of .
Relationship
- The Parties have been in a relationship since and this has been taken into account in the financial provision set out in this agreement.
Purpose of this Agreement
- The Parties acknowledge that is their mutual desire to enter into this Agreement so that, from the date of the, they will each continue to own and control their own property and they want their present respective financial interests to remain unchanged by the.
- The Parties further acknowledge that they have had adequate time to reflect upon the terms of this Agreement with the benefit of independent legal advice. The first draft of this agreement was seen by Party 1 on and by Party 2 on .
- The Parties hope that the will continue for the rest of their lives. However, in the event that their hopes are not fulfilled and the permanently breaks down, they would not wish to engage in litigation to resolve any financial claims they may have against one another. Accordingly, they enter into this Agreement to record their mutual and agreed intentions on the basis of what each believes to be a fair outcome in that event.
- In the event of the Permanent Breakdown of the the Parties intend that their respective financial rights and obligations will, to the extent permitted by law, be governed solely by this Agreement.
Children
Financial Disclosure
- The Parties have had the opportunity to make enquiries of the other Party’s financial circumstances and confirm they are satisfied that they have sufficient knowledge, information and documentation of each other’s financial circumstances to be able to assess the fairness of the terms of this Agreement.
- Each Party confirms that they have made full financial disclosure of their properties, assets, income and liabilities to the other Party.
Independent Legal Advice
- The Parties have each obtained separate and independent legal advice on the nature, terms and effect of this Agreement.
- Each Parties legal advisor has signed a certificate attached in Schedule 3 of this Agreement.
- The Parties confirm they are entering into this Agreement having taken such advice and having made such enquiries as they consider appropriate and each acknowledges that they regard the terms of this Agreement as fair and that they are entering into it freely, voluntarily and without pressure from the other Party or from any third party or from the circumstances or otherwise.
- The Parties understand the rights they are surrendering under this Agreement and its terms and effects.
Qualifying Nuptial Agreement
- The Parties understand that this Agreement satisfies the criteria set out in Law Commission Consultation Paper No 343, Matrimonial Property, Needs and Agreements for a qualifying nuptial agreement that will prevent the court from making financial orders inconsistent with the agreement, except to meet the financial needs of the Parties or in the interests of any child or children of the Parties. Accordingly, the Parties have each signed the statement at Schedule 4.
- The Parties understand that a qualifying nuptial agreement can only exclude the court’s jurisdiction in financial remedy proceedings if the Parties’ financial needs were met.
NOW IT IS HEREBY AGREED as follows:
Meanings
- These words and phrases have defined meanings:
Agreement | this Agreement including the background recitals and Schedules; |
Confidential Information | any information of a private nature that is not to be publicly disclosed including personal, financial, business, technology, trade secrets and other commercially sensitive information of either Party and including the terms of this Agreement; the negotiations between the Parties in connection with its making; and any of the financial information disclosed for the purpose of this Agreement; |
Joint Property | any property that is not Separate Property, including that which is acquired after the; |
Permanent Breakdown | the commencement of proceedings by either of the Parties for or for judicial separation which are subsequently concluded by a decree of divorce, annulment, or judicial separation; |
Property | any legal or beneficial interest in any asset or resource anywhere in the world, including any income and benefit arising from it; and |
Separate Property | all property which belongs independently at the date of this Agreement to each of the Parties and which is set out in Schedules 1 and 2 of this Agreement, including any property received by either Party by way of inheritance. |
- Unless the context requires a different interpretation:
- all singular words include plural ones and vice versa;
- all references to paragraphs, sub-paragraphs, schedules or appendices are to the ones in the Agreement;
- the schedules form part of this Agreement and will have effect as if set out in full in the body of this Agreement;
- the term 'including' does not exclude anything not listed;
- all references to statutory provisions include any changes to those provisions;
- no headings or sub-headings will affect the interpretation of this Agreement.
Commencement
- This Agreement is binding following completion of a valid ceremony of.
Separate Property
- All Separate Property as set out in Schedules 1 and 2 of this Agreement, is, shall be, and shall remain, the personal estate of that Party, including all interest, rents, and profits which may accrue from the Separate Property.
- All Separate Property of each respective Party shall remain forever free of claim by the other Party.
Joint Property
- Unless agreed otherwise by the Parties in writing, any Joint Property will be owned by the Parties in equal shares regardless of the proportions each contributed to the acquisition of the Joint Property.
- In the event of a Permanent Breakdown, all Joint Property shall remain subject to division, either by agreement or judicial determination.
Liabilities
- Each Party will be solely responsible for any existing or future liabilities connected with his or her Separate Property and will indemnify the other Party against any liability connected with or arising from his or her own Separate Property.
- The Parties will be jointly and severally liable for any existing or future liabilities connected with Joint Property.
Gifts
- Nothing in this Agreement will prevent either Party from giving to the other or receiving from the other any Property (including Separate Property) by way of gift or transfer or from making provision for the other by testamentary disposition or in settlement or under trust or otherwise (including a beneficial interest arising from a gift to a trust).
- For the avoidance of doubt, any gift made in accordance with Clause 10 will become the receiving Party’s Separate Property.
Death
- If, following a Permanent Breakdown, either Party should die, the other Party will not make any claim against the deceased's estate nor make an application to the court for an order requiring the personal representatives to make financial provision in his or her favour except as consistent with the provisions of this Agreement.
- Both Parties are to make new Wills following their and within those Wills will make such reasonable financial provision as is appropriate for the other in order to avoid any claims by either of them against the estate of the other under the Inheritance (Provision for Family and Dependents) Act 1975.
Permanent Breakdown
- It is hereby agreed between the Parties that, in the event of Permanent Breakdown, the Parties shall have no right against each other by way of claims for support, maintenance, compensation or division of the Property.
- The Parties agree that in the event of a Permanent Breakdown they will promptly take all steps and sign all deeds and documents as required to give effect to the terms of this Agreement.
Confidential Information
- The Parties agree to keep all Confidential Information absolutely confidential and not disclose any Confidential Information to any person except as agreed between the Parties or as they may reasonably have with their legal advisers, or any other person to whom it is necessary to disclose the Confidential Information for the purposes of implementing this Agreement, obtaining professional advice, pursuing proceedings in court, or if there is a legal obligation to do so.
Review of this Agreement
- The terms of this Agreement will be reviewed with the benefit of legal advice whenever one of the following events occurs:
- the birth or adoption of a Child of the Parties;
- the inability of either of Party to work for medical reasons for a period in excess of 12 months;
- the Parties settling and having permanent residence in a jurisdiction outside England and Wales.
Independent Legal Advice
- The Parties have taken or have had the opportunity to take independent legal advice before signing this Agreement.
Acknowledgement
- The Parties acknowledge that this Agreement is entered into freely and voluntarily and both Parties fully understand the terms contained in it.
- The Parties have made to each other full disclosure of their income, property and other financial resources as well as their financial needs and obligations which each has now and is likely to have in the foreseeable future.
Termination
- This Agreement will continue in force notwithstanding a Permanent Breakdown and this Agreement will not be terminated until a final court order has been made resolving the financial claims (if any) of the Parties.
Entire Agreement
- This Agreement, and its Schedules, constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- No modification, variation, waiver or termination of this Agreement will be valid unless made in writing and executed as a Deed.
- This agreement shall be binding upon and inure to the benefit of the Parties, their successors and assigns.
Governing Law
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Costs
- The parties agree that they will each bear their own costs relating to the preparation of this Agreement.
IN WITNESS OF WHICH the Parties have signed this Agreement as a deed on the day and year first above written.
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| in the presence of: | |
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| Executed as a deed by | |
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Schedule 1
Property of
Liabilities of
Schedule 2
Property of
Liabilities of
Schedule 3
CERTIFICATE OF INDEPENDENT SPECIALIST LEGAL ADVISER FOR PARTY 1
I, ______________________(name) of _______________________________________________________________(name and address of firm), certify as follows:
- I am a duly qualified solicitor/barrister (delete as appropriate) of the Senior Courts of England and Wales.
- Prior to (Party 1) entering into the Agreement between Party 1 and (Party 2) to which this certificate is annexed:
- I explained to Party 1 the meaning and importance of the terms of the Agreement in such a way that I believe that he/she has understood them, and he/she confirmed to me that he/she does understand them;
- I advised Party 1 as to the effect of the Agreement under the law of England and Wales, including its effect upon what would otherwise be his/her rights under the current law of England and Wales and about the advantages and disadvantages, at the time that the advice was provided, to Party 1 of making the Agreement;
- I explained to Party 1 the effect of its intended status as a qualifying nuptial agreement, meaning that under the law of England and Wales, the court will be prevented from making financial orders inconsistent with the Agreement in the event of the Permanent Breakdown, except to meet the financial needs of the Parties or in the interests of a Child of the Parties.
| Date | |
| Signature | |
___________________________________(name) |
CERTIFICATE OF INDEPENDENT SPECIALIST LEGAL ADVISER FOR PARTY 2
I, ______________________(name) of _______________________________________________________________(name and address of firm), certify as follows:
- I am a duly qualified solicitor/barrister (delete as appropriate) of the Senior Courts of England and Wales.
- Prior to (Party 2) entering into the Agreement between Party 2 and (Party 1) to which this certificate is annexed:
- I explained to Party 2 the meaning and importance of the terms of the Agreement in such a way that I believe that he/she has understood them, and he/she confirmed to me that he/she does understand them;
- I advised Party 2 as to the effect of the Agreement under the law of England and Wales, including its effect upon what would otherwise be his/her rights under the current law of England and Wales and about the advantages and disadvantages, at the time that the advice was provided, to Party 2 of making the Agreement;
- I explained to Party 2 the effect of its intended status as a qualifying nuptial agreement, meaning that under the law of England and Wales, the court will be prevented from making financial orders inconsistent with the Agreement in the event of the Permanent Breakdown, except to meet the financial needs of the Parties or in the interests of a Child of the Parties.
| Date | |
| Signature | |
___________________________________(name) |
Schedule 4
RELEVANT STATEMENT OF PARTY 1
I, Party 1 of , , , state as follows:
I confirm that prior to entering into the Agreement to which this statement is annexed, I have received independent legal advice from ______________________(name) of _______________________________________________________________(name and address of firm) and I understand the following:
- The terms of the Agreement.
- The effect of the Agreement on my rights under the law of England and Wales.
- The advantages and disadvantages to me in making this Agreement.
- I am aware of the proposals for reform of nuptial agreements contained in Law Commission Consultation Paper No 343, Matrimonial Property, Needs and Agreements and I intend this Agreement to be a qualifying nuptial agreement. I understand this means that under the law of England and Wales, the court will be prevented from making financial orders inconsistent with the Agreement in the event of the Permanent Breakdown of the, except:
- To meet my financial needs.
- To meet the financial needs of Party 2.
- In the interests of a child who meets the definition contained in this Agreement of a Child of the Parties.
| Date | |
| Signature | |
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RELEVANT STATEMENT OF PARTY 2
I, Party 2 of , ,, state as follows:
I confirm that prior to entering into the Agreement to which this statement is annexed, I have received independent legal advice from ______________________(name) of _______________________________________________________________(name and address of firm) and I understand the following:
- The terms of the Agreement.
- The effect of the Agreement on my rights under the law of England and Wales.
- The advantages and disadvantages to me in making this Agreement.
- I am aware of the proposals for reform of nuptial agreements contained in Law Commission Consultation Paper No 343, Matrimonial Property, Needs and Agreements and I intend this Agreement to be a qualifying nuptial agreement. I understand this means that under the law of England and Wales, the court will be prevented from making financial orders inconsistent with the Agreement in the event of the Permanent Breakdown of the, except:
- To meet my financial needs.
- To meet the financial needs of Party 1.
- In the interests of a child who meets the definition contained in this Agreement of a Child of the Parties.
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| Signature | |
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About Prenuptial Agreements
Learn more about making your Prenuptial Agreement
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How to make a Prenuptial Agreement
Making a Prenuptial Agreement online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Prenup, you will need the following information:
Party details
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Your details (eg your name, address, nationality, age, country of residence and country of domicile).
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Have you been married before? If so, when did you get divorced?
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Your future spouse’s or civil partner’s details (eg their name, address, nationality, age, country of residence and country of domicile).
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Has your future spouse or civil partner been married before? If so, when did they get divorced?
Background
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Are you getting married or entering into a civil partnership?
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When are you getting married or entering into a civil partnership?
Relationship details
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Since when have you and your future spouse or partner been in a relationship?
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Do you currently live together? If so, when did you start living together?
Children
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Do you and your future spouse or partner have any children together? If so, how many?
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Do you have any children from a previous relationship? If so, how many?
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Does your future spouse or partner have any children from a previous relationship? If so, how many?
Assets and liabilities
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What property do you own that you want to keep separate?
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What liabilities (eg debts) do you have in your name only?
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What property does your future spouse or partner own that they want to keep separate?
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What liabilities does your future spouse or partner have in their name only?
Review
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When did you see and review the first draft of this Prenup?
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When did your future spouse or partner see and review the first draft of this Prenup?
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Common terms in a Prenuptial Agreement
A Prenuptial Agreement sets out what assets you and your intended spouse or civil partner want to keep separate, even after getting married. To do this, Prenups will typically include:
Between
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party details - your and your future spouse’s (or civil partner’s) names and addresses
Background
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marriage or partnership - sets out that the parties intend to marry or form a civil partnership
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personal details and residence - sets out the parties’ ages, nationalities, countries of residence and countries of domicile
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relationship - sets out the details of the relationship, including when it started and whether the parties currently live together. It also sets out whether either party has previously been married and, if so, when they got divorced
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purpose of this Agreement - sets out why the Prenup is being entered into, including:
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that all assets owned independently at the start of the Prenup will remain owned independently
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both parties understand the terms of the Prenup and have had sufficient time to fully consider the terms in full in light of independent legal advice
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children - sets out whether the parties have any children and, if so, how many children they have
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financial disclosure - sets out that both parties have made full disclosure of their income, liabilities, property and other financial resources
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independent legal advice - sets out details relating to both parties seeking independent legal advice including that:
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both parties must take independent legal advice before signing the Prenup
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each party’s legal adviser has completed and signed the appropriate certificate of independent specialist legal adviser at Schedule 3
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both parties entered into the Prenup freely and voluntarily
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both parties understand the terms of the Prenup
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the parties understand the effects of the Prenup
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qualifying nuptial agreement - sets out that the parties understand that this Prenup meets the requirements of the Law Commission Consultation Paper No 343, Matrimonial Property, Needs and Agreements. This means that the courts are prevented from making financial orders inconsistent with the Agreement, except in a limited number of circumstances (eg to make a decision in the interest of a child)
Now it is hereby agreed as follows
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meanings - sets out certain defined terms used throughout the Prenup
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commencement - sets out that the Prenup becomes effective from the date of your wedding or civil partnership ceremony
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separate property - sets out that the assets in Schedules 1 and 2 remain solely in the name of the party that owns them and that the other party cannot make a claim against them
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joint property - sets out that, unless otherwise specified, any assets acquired by both parties will be owned by them in equal shares and, in the case of a relationship breakdown, these joint assets will be divided between the parties
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liabilities - sets out that both parties will be solely responsible for any existing or future liabilities in relation to separate property. Any liabilities related to joint property will be the responsibility of both parties
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gifts - sets out that either party can gift assets (including separate property) to the other party
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death - sets out that, if either party dies, after the breakdown of the relationship, the surviving party may not make a claim against the deceased’s estate. It also sets out that both parties are to make new Wills after getting married or entering into the civil partnership
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permanent breakdown - sets out that neither party intends to make a claim against the other party in the event of a divorce or dissolution (eg for support, maintenance or compensation)
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children - sets out that if the parties have children together and the relationship breaks down, financial provisions for their children will be determined fairly and in accordance with the law
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confidential information - sets out that the parties will not disclose any confidential information (ie any information of a private nature that is not to be publicly disclosed, like financial details) except in certain circumstances (eg when agreed between the parties)
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review of this agreement - sets out that the Prenup will be agreed whenever:
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the parties have or adopt a child together
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one of the parties is, due to medical reasons, unable to work for more than 12 months
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the parties move and settled outside of England or Wales
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independent legal advice - confirms that the parties have taken or have had the opportunity to take independent legal advice before signing the Prenup
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acknowledgement - confirms that the parties:
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are entering into the Prenup freely and voluntarily
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fully understand the Prenup’s terms
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have fully disclosed their income, property and other financial resources, and
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have fully disclosed their current and likely future financial needs and obligations
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termination - sets out that this Prenup will continue past the breakdown of the relationship and will remain in force until a final court order has been made resolving the financial claims (if any) of the parties
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entire agreement - sets out that this Prenup, and its schedules, constitutes the entire agreement between the parties. It also clarifies that the Prenup cannot be modified, varied, waived or ended unless this is done in writing in the form of a deed
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governing law - sets out that this Prenup is made in accordance with, and governed by the laws of, England and Wales
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costs - sets out that each party will bear their own costs relating to the preparation of this Prenup
Schedules
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schedule 1 - sets out the:
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assets belonging to the first party to the Prenup (eg you). These are the assets intended to remain owned personally by this party only and not be divided in case of a relationship breakdown
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liabilities of the first party to the Prenup (eg you). These are those liabilities which are in the first party’s name only and will remain in their name only in the case of a relationship breakdown
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schedule 2 - sets out the:
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assets belonging to the second party to the Prenup (eg your future spouse or civil partner). These are the assets intended to remain owned personally by this party only and not be divided in case of a relationship breakdown
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liabilities of the second party to the Prenup (eg your future spouse or civil partner). These are those liabilities which are in the second party’s name only and will remain in their name only in the case of a relationship breakdown
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schedule 3 - certificate of independent specialist legal adviser - contains two certificates of independent specialist legal adviser (one for each party). The appropriate certificate of ILA should be completed and signed by each party’s independent legal adviser (ie solicitor or barrister) and confirms that independent legal advice was sought
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schedule 4 - relevant statement - contains two relevant statements (one for each party). Each party should complete and sign their appropriate relevant statement after they have received independent legal advice on the Prenup. This confirms that they sought independent legal advice and understand the terms of the Prenup and its effects
If you want your Prenup to include further or more detailed provisions (eg in relation to pensions, debts or life insurance policies), you can edit your document. However, if you do this, you may want a lawyer to review or change the Agreement for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for couples
Entering into a Prenuptial Agreement can help you keep your personal, independently owned belongings in the event of a marriage or civil partnership breakdown. To manage this process as well as possible, consider the following tips:
Make sure to set out all your independently owned assets
Schedules 1 and 2 of the Prenup list out both parties’ independently owned assets. This is a description of all previously acquired assets and care must be taken not to withhold any valuable possessions or goods as this may make the Prenup invalid. Make sure that you and your future spouse or civil partner carefully set out all your independently owned assets, especially those of value.
Make sure to set out all liabilities in your name only
In addition to the independently owned assets, schedules 1 and 2 of the Prenup list out both parties’ sole liabilities. This is a description of all liabilities owed by one party only. You must take care not to withhold any liabilities as this may invalidate the Prenup. Make sure that you and your future spouse or civil partner carefully set out all your liabilities, especially if the debt is high.
Understand that you must seek independent legal advice
The most essential safeguard that must be complied with for courts to uphold a Prenuptial Agreement is the requirement for each party to seek independent legal advice. Before signing a Prenup, both parties must seek advice on the Agreement from an independent lawyer. If this is not done, a Prenup is unlikely to be upheld by the courts in case of a relationship breakdown. You can use our Prenuptial Legal Advice Service to seek the necessary independent legal advice.
Remember to comply with all other safeguards for Prenups
You must ensure that your Prenup meets all the safeguards to ensure it is upheld by the courts or considered fair and reasonable. This includes, but is not limited to:
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full and frank disclosure of your assets and financial positions
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not being pressured or under duress to sign the Agreement
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signing the Prenup at least 28 days before the marriage or civil partnership
For more information, read the FAQ ‘What steps should we take before signing a Prenup?’ above and How to make a prenuptial agreement.
Remember to regularly review and update your Prenup
To be upheld by the courts, Prenups should account for your specific circumstances. An older Prenup which does not fully consider your circumstances (eg the birth of any children or a long-term illness), which may have changed since the Prenup was first made, is less likely to be upheld by the courts. This is because it may not be considered fair and is more likely to lead to financial hardship in case of a divorce or dissolution. Therefore, you should regularly review your Prenup (especially when your circumstances change) and update it accordingly.
Understand when a Prenup may not be the right document for you
Prenups are made before getting married or entering into a civil partnership. They cannot be signed after getting married or entering into a civil partnership. If you want a Prenup but are already married or in a civil partnership, you should make a Postnuptial agreement instead. If you do not want to get married or enter into a civil partnership, but live with your partner, consider entering into a Cohabitation agreement instead. For more information, read Postnuptial agreements and Cohabitation.
Understand when to seek further advice from a lawyer
In certain circumstances, it’s a good idea to consult a lawyer about your Prenup (ie for advice beyond that which you must take) or to have them review it. You should Ask a lawyer for advice if you:
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want to set out that no party can attain any beneficial interest in property owned solely by one party
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want to set out that, if any party incurs a liability against joint property without the consent of the other, they will be solely liable for that liability
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have unequal assets, because there could be an argument that one party felt 'forced' into making the Prenup
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want to work out any maintenance payments in advance
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want to include a Prenup end date
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want to include specific provisions (eg for pensions or debts) not currently covered by this template document
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or your future spouse or civil partner are not resident in England or Wales (eg Scotland)
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Prenuptial Agreement FAQs
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What is included in a Prenuptial Agreement?
This Prenuptial Agreement template covers:
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details of the couple (eg names, addresses and where they are domiciled)
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details of the couple’s relationship (eg when their relationship started and if they are currently living together)
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details of any children (ie children the parties have together or children they have from previous relationships)
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details of any previous divorces
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property and money owned individually by those getting married or entering into a civil partnership that is to remain theirs if the relationship breaks down
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liabilities owed individually by those getting married or a civil partnership that is to remain theirs if the relationship breaks down
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an agreement that neither party will have any claim against the other for maintenance or support if the marriage or partnership breaks down
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property acquired after the marriage or partnership will be divided as the couple agree or as ordered by a court
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liabilities acquired after the marriage of partnership will be the responsibility of both parties
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confirmation that the couple have entered into the Agreement freely, and have taken independent legal advice, including a certificate of independent specialist legal adviser and a relevant statement for both parties
A Prenup is used when a couple wishes to set out what will happen to their premarital or pre-civil partnership assets in the event of a divorce or dissolution. If you would like for your Prenup to include specific provisions (eg in relation to pensions and debts) not currently covered by the document, Ask a lawyer for further assistance.
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Why do I need a Prenuptial Agreement?
Prenups are not essential when getting married or entering into a civil partnership. However, you can use a Prenup if you want to keep previously acquired assets, such as property, separate from your future spouse’s or civil partner’s assets.
Generally, when you get married or enter into a civil partnership, your assets combine to form ‘marital assets’ or ‘civil partnership assets’. These joint assets will belong to both spouses or partners and can be considered for division in divorce (or dissolution) proceedings. If you and your future spouse or civil partner own assets that each of you would like to own as individuals rather than jointly, you can record this in a Prenup.
By entering into a Prenuptial Agreement, you help determine how your property and finances will be dealt with during your marriage or civil partnership, and what will happen to them in the event of a relationship breakdown. In other words, Prenups help provide you with clarity and more certainty about your assets if your marriage or civil partnership comes to an end.
For more information, read How to make a prenuptial agreement and Considerations before getting married or forming a civil partnership.
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Can I use a Prenup if I’m entering into a civil partnership?
This Prenup can be used for both marriages and civil partnerships. If you are getting married, the agreement will typically be referred to as a ‘premarital agreement’. If you are entering into a civil partnership, the agreement will typically be referred to as a ‘pre-civil partnership agreement’ or ‘pre-registration agreement’.
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Is a Prenuptial Agreement legally binding and enforceable?
Prenuptial Agreements are not currently legally binding in England and Wales. However, in most cases, the court will be persuaded to uphold a Prenuptial Agreement provided it has been properly drawn up and executed, and that certain safeguards are met. Prenuptial Agreements which comply with these safeguards and conditions are known as ‘qualifying nuptial agreements’ and should be enforceable.
For more information on what this means, read ‘What steps should we take before signing a Prenup?’ below.
For more information, read How to make a prenuptial agreement.
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What steps should we take before signing a Prenup?
Before signing a Prenuptial Agreement, both parties should:
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seek independent legal advice (from an independent lawyer)
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prepare full and frank disclosure of their respective assets and financial positions (ie no assets should be hidden from the other party) before signing the Prenuptial Agreement
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not be under pressure or duress to sign the Agreement against their will
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sign the Agreement at least 28 days before the marriage or civil partnership
In all circumstances, you must think carefully about the terms and make the Agreement as precise, clear and detailed as possible.
You can use Rocket Lawyer’s Independent Legal Advice Service for Prenuptial Agreements to meet the advice requirement.
For more information, read How to make a prenuptial agreement.
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What should a Prenup include?
Prenuptial Agreements are intended to help protect your assets in the event of a relationship breakdown. Specifically, Prenups are designed to address financially-based issues. As a result, your Prenup should include an inventory of your assets and your partner’s assets, highlighting who they belong to. Prenups typically include details of:
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any property you own (eg your family home or holiday home)
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any money you own (including money kept in saving accounts, current accounts or as cash)
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stocks and shares
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any objects of significant value (eg family heirlooms)
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any inheritances
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any debts and liabilities (eg mortgages, personal loans, credit card debt or hire purchase payments)
It is crucial that your Prenup clearly sets out all assets of significant value and all liabilities, to ensure that the document is upheld by the courts.
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What about assets and liabilities acquired after the marriage or civil partnership ceremony?
Any assets acquired after the marriage takes place or the civil partnership is entered into are marital or civil partnership assets. This means that they will be divided by agreement or judicial determination should there be a breakdown of the marriage or civil partnership.
Similarly, liabilities (eg debts) acquired after marriage or civil partnership will be the responsibility of both parties. This will typically remain the case even after a breakdown of the marriage or civil partnership.
For more information, read Divorce and financial arrangements.
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What cannot be included in a Prenup?
While Prenups may cover a range of different assets, certain issues should never be included in them. The types of issues which must not be included in your Prenuptial Agreement include:
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issues relating to child custody (eg setting out who a child should live with, decisions about schooling or religious upbringing)
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issues relating to child maintenance payments (eg waiving the right to child maintenance)
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illegal matters
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lifestyle matters
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personal matters (eg a division of household chores)
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things that encourage divorce or dissolution
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different outcomes depending on the reason for the relationship breakdown (eg if adultery is involved)
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anything which may negatively affect a child of the family
If your Prenuptial Agreement addresses such issues, it may not be upheld by the courts.
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Can a Prenup be signed after marriage or entering into a civil partnership?
You should sign your Prenup before getting married or entering into your civil partnership. If you want to set out how property will be owned after getting married or entering into your civil partnership you should make a Postnuptial agreement (or ‘Postnup’). For more information, read Postnuptial agreements.
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How long does a Prenuptial Agreement last?
Generally, Prenups last for the duration of a marriage or civil partnership. Couples may wish to include a so-called ‘sunset clause’ in their Agreement, specifying a Prenup end date. However, without such a clause, a Prenup may be assumed to last indefinitely. This Prenup does not include a sunset clause.
However, care must be taken to regularly review your Prenupto keep to ensure it is up to date. Older Prenups which do not accurately reflect your current situation are less likely to be upheld by the courts.
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