A pre-nuptial agreement is a legal document drawn up between a couple to outline how their incomes and assets will be divided if the marriage fails and ends in divorce.
It is always drawn up before the marriage takes place. Currently in the UK, these are not legally binding documents. However, they are becoming more accepted by the courts as proof of a couple's intentions and provided they meet certain strict criteria, are often now taken into account when finalising divorces.
A pre-nuptial agreement helps protect your or your spouse's assets and are usually advised when one partner has or is in line to receive substantially more assets than the other. If you are entering a Civil Partnership, a pre-registration document can be drawn up in a similar way.
If you are considering a pre-nuptial or pre-registration agreement, or if your divorce contains one, it is very important to obtain legal advice before agreeing to one, having one drawn up or a divorce finalised, as there are very strict criteria in place for them to be taken into account and they can add a layer of complexity to proceedings.
