Prenups: 10 key points to ensure a valid agreement

There are a number of key points to ensure pre-nuptial agreements are valid. Similar to an insurance policy, a valid pre-nup offers protection over your future.

1. Be prepared.Apre-nup should be entered into a minimum of 21 days before the marriage.
2. Disclose all assets and liabilities. If disclosure is incomplete then the pre-nup is likely to be unenforceable.
3. Allow your partner to make the decision themselves.A pre-nup is unlikely to be enforceable if one party is pressurised to sign it.
4. Encourage your partner to take legal advice. Both parties should take independent legal advice since where only one party receives legal advice and no recommendation has been given to the other party, then the pre-nu is likely to be unenforceable.
5. Ensure the pre-nup is fair to both parties.A pre-nup is likely to be rejected by the Family Court if it is noticeably unfair to one of the parties.
6. Ensure the pre-nup does not contain inappropriate provisions.Where a pre-nup contains unenforceable provisions they may weaken the whole agreement if not make it invalid.
7. Make sure the wording is very clear. If the agreement contains ambiguous wording it may be successfully challenged by the other party.
8. Include a provision to review the agreement. For example, on a particular date in the future, or if children are born.
9. Execute the agreement correctly.If you or your partner do not both sign it properly then it is likely to be invalid.
10. Choose a solicitor who has experience in preparing pre-nuptial agreements. If you prepare it yourself or instruct a non-family solicitor you may have problems. Potential pitfalls can be avoided by instructing a solicitor with specialist knowledge.

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For further advice on pre-nuptial agreements, please call us on 0113 320 5000. As a specialist solicitor on pre- and post-nuptial agreements we will discuss your options on a no obligation basis.