Nuptial Law

Signing a Nuptial Agreement in the UK

Every wedding, regardless of whether it is a straightforward affair or a major celebration, takes plenty of time to plan and organize. There are lots of things to think about, from where the wedding will take place, to the honeymoon, the wedding cake and right through to whom you will invite.

 

It is therefore not altogether surprising that lots of people ask about how long a prenuptial agreement takes to draft and sort out alongside all the other tasks they have. When you are thinking about so many different things leading up to your big day, this is a reasonable question to be asking. Many people will see the idea of signing a nuptial agreement in the UK as a waste of time and money, however many others see their benefit.

 

You and your partner will have to think about the benefits of creating a prenuptial agreement will provide for you both. There are many positives to making such an agreement, first and foremost it protects your personal assets i.e. those currently owned and those gained, should your marriage ever end in a divorce.

 

It is advisable to see specialist divorce solicitor in Shrewsbury or elsewhere in the UK who specialises in the prenup in order to assist in signing a nuptial agreement in the UK. It is possible to get DIY packs or advice online on how to create one, but these can lead to all sorts of problems in the future. If you make any mistakes or your wishes are not clear enough, they can actually make any future divorce situation even worse than it would be normally.

 

Furthermore, when it comes to considering to what extent any prenup should be taken into account when reaching a financial settlement on divorce, UK Courts have made it clear that they are doing so if more likely to do so if both parties had received independent advice from specialist divorce solicitors. There is one particular deadline you have to be aware of if you are giving serious thought to UK prenuptial agreements.

 

Such an agreement is required to be signed by both parties at a minimum of 21 days before the wedding is due to take place. If it is signed under these circumstances i.e. where there is little time between signing and the date of the wedding, the document may well be disregarded in the future. This is because the court may infer that a decision made that close to the actual wedding date was one which was made hastily and was not considered.

 

An important thing to do before signing a nuptial agreement in the UK is make sure you get in touch with your specialist solicitor in Shrewsbury or around the UK well in advance so they can help you with the major decisions surrounding a prenuptial agreement. It is right that both parties should see a solicitor, but this is up to each person individually. In an ideal world, the process would run as follows: the prenuptial agreement is drawn up by one party by their lawyer, this is then passed to the other party’s independent lawyer to discuss with that party. This should lead to the result of both parties being happy.