Family Prenuptial Agreement

Family Prenup

The Problem

Our client owned property which she had acquired before she had met her now fiancé. The partner had no matching contribution to make to their marital assets. Neither party had been married before, and they did not have any children. They both worked and wanted to start a family in the future.

Our client was concerned that if the marriage failed in the future, she would have to share the properties she had acquired prior to meeting her fiancé. Our client wanted to know hoe she could keep the properties should the marriage fail.

The Solution

We advised our client that she should consider a Pre-Nuptial Agreement to which her fiancé agreed to. The Pre-Nuptial Agreement was drawn up to reflect that the respective assets brought into the marriage should be treated as separate in the event that the couple should separate and divorce.

The Outcome

Our client went ahead with the Pre-Nuptial Agreement. We also advised our client that planned periodical reviews should be included in the Agreement.

Our client and her fiancé were planning on starting a family which brings a lot of changes and including this in the Agreement will ensure that in the event that the Pre-Nuptial Agreement was to be evidenced in Court it would have the best possible chance of withstanding a challenge.

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Key Facts

FACT 1
Asset Ring-Fencing:
The client successfully protected multiple properties she acquired prior to the relationship, ensuring they would be treated as separate property rather than shared marital assets.


FACT 1
Voluntary Financial Agreement:
Both parties entered the Pre-Nuptial Agreement willingly, acknowledging that the fiancé had no matching financial contribution to the marital estate at the time of marriage.


FACT 1
Future-Proofing via Reviews:
To prevent the agreement from becoming "unfair" over time, it included planned periodical reviews to account for significant life changes, such as the couple's plan to start a family.