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Why all couples should have a prenup – not just celebs!

03 August 2021 Family Law Ruth Croman

Prenups were once seen as something only for the rich and famous, but they are now becoming increasingly popular for many couples getting married, particularly for those who have built up assets that they wish to protect, or those with complicated family and financial structures.

Nobody wants to put a damper on the romance of marriage, but prenups are becoming understood to be practical and perfectly sensible agreements. A subsequent separation can often throw up many issues with regard to entitlement and the sharing of finances and assets and prenuptial agreements allow the principles of what should happen in advance, offering peace of mind.

Some of the things that are often covered in a prenup include:

  • Aliment or spousal support
  • Children from a previous marriage
  • Estate plans
  • Family property
  • Financial obligations
  • Liability for debt
  • Property division
  • Savings and spending strategies
  • Separate and matrimonial property
  • Ownership of business assets

There is no ‘one size fits all’ prenup and the agreement should always be tailored to your and your partner's individual circumstances, with each person making a full disclosure of all assets and property. Providing this has happened, and the agreement discussed and agreed in good time before the wedding, with both parties taking (or being offered the chance to obtain legal advice), the prenup is likely to be very persuasive in determining an outcome. No-one enters into marriage contemplating future separation, but if you do have assets you want to protect, a prenup is useful to have in place should there be a separation further down the line.

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