Pre Nup agreement

Rossboy

So many people saying they’re not legally binding but can be upheld….

Has anybody actually had any success stories having there pre nup used and acted on by a court in UK? Thanks 

Keep_pedalling

Although they are not automatically stuck to by a court they are taken into consideration and providing they have been set up properly the division of assets should follow the prenup but a major change of circumstances such as having children after getting married is likely to throw @ spanner in the works.

https://www.hardingevans.com/news/2024/08/01/is-a-prenup-legally-binding-in-the-uk/

Jude57

Rossboy said:

So many people saying they’re not legally binding but can be upheld….

Has anybody actually had any success stories having there pre nup used and acted on by a court in UK? Thanks 

Bear in mind that the law is different in different parts of the UK. Scotland has its own legislation and judicial system. Northern Ireland is similar to England but there are some significant differences. England and Wales are virtually (but not 100%) identical and the outlying islands such as Jersey, Guernsey, Isle of Man etc have their own very specific laws. You'd be far better seeking advice from an experienced family law solicitor in the jurisdiction in which you live and where any such Agreement was to be made.

VyEu

In short, yes. I've had a few cases where they have been successful.

Where they have not been successful it's because they were 'back of a cigarette packet' shoddy agreements which fell foul of one (or all) of three key points: both parties should have independent legal advice on the agreement, full and frank disclosure of assets and it needs to be broadly fair i.e. needs are met.

Ideally should be done at least 28 days before marriage.

TBagpuss

Yes, they acan be sucessfukl. But one of the bigest benefits is that typically where there is a pre-nup, you don't end up with court proceedings becuase people follow the pre-nup and agree a consent order.
By definition, the cases where they end up in court tend to be the ones where things are less cut and driend - whether because the agreeement was not drawn up professionally, or where there have been signficant changes in circumstances . The overriding priocipal that a divorce settlement must be fair is also relvant, so if the agreement was very unequal then the risk of it being sucessfully challenged are much higher  (which of coruse also comes back to palning and proper dvice when the agreement is drawn up)