South Woodham Ferrers

w/o 1 September 2025

Is a prenuptial agreement right for me?

Hands of a married couple showing their wedding rings

The hottest May on record is a good indicator that wedding season will soon be upon us.

If you have a wedding planned this summer, you will undoubtedly have spent hours thinking about cakes, venues, and outfits, but there may be something that you have missed off the list.

Whether you are looking to tie the knot somewhere local, like Crondon Park, or somewhere further afield, the legal aspects of marriage can get drowned out in the excitement of the day.

While not the most romantic conversation, it is time to start talking about pre-nuptial agreements.

Divorce rates may be the lowest they have been since 1971, but it is still worth making preparations just in case things do not get the way you hoped they would.

If you have any assets that you want to protect in the event of a divorce, then it is worth getting a pre-nuptial agreement.

Are there any benefits to a pre-nuptial agreement?

A pre-nuptial agreement is a contract that is drawn up between two individuals before the get married or enter into a civil partnership.

The primary goal of a pre-nuptial agreement is to divide assets ahead of time so that all parties will know how things will pan out during a divorce.

Divorces can be very heated times in a person’s life, and removing a potential cause of dispute might save you a lot of grief in the long run.

The division of assets is often one of the more time consuming parts of a divorce proceeding as it becomes necessary to determine how the assets should be split most fairly.

A pre-nuptial agreement removes this trouble by determining asset division while things are still positive in a relationship and while communication is more effective.

Anyone with assets from a previous relationship or any inherited assets should strongly consider protecting these with a pre-nuptial agreement.

Are pre-nuptial agreements legally enforceable?

Currently, pre-nuptial agreements are not legally enforceable in the UK.

That is not to say that they are without legal merit, as pre-nuptial agreements are given consideration in court.

The landmark case of Radmacher (formerly Granatino) v Granatino [2010] UKSC 42, has helped to establish that if the pre-nuptial agreement is deemed to be reasonable, fair, and created without any pressure placed on either party, it will hold influence should any divorce proceedings occur.

Making provisions for children and dependents can be an important consideration when drawing up a pre-nuptial agreement.

The stigma around pre-nuptial agreements is slowly breaking down over time.

They should be viewed as a safety net, like an insurance policy, where it is something that you hope to not need but can feel more comfortable having in place.

Discussing a pre-nuptial agreement doe not need to be a source of tension, but can be a symbol of honest, open discussion.

Establishing assets before marriage can show transparency and may be a way of setting expectations ahead of your upcoming union.

Our team are on hand to help you determine whether a pre-nuptial agreement is right for you.

Our experts know how to craft pre-nuptial agreements that will be given weight in court, and we can help you navigate any other legal matters that may arise during this exciting time in your lives.

We work with people across Essex to ensure that they are given high quality legal advice from people who understand the local culture.

Keep your assets safe, no matter what life throws your way. Speak to our team today!

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