While a prenuptial agreement is unlikely to be on many people's wedding checklist, a family lawyer has urged couples who will be tying the knot in the coming months to consider making it a key priority. With research by the law firm revealing that Google searches for terms related to prenups including 'what is a prenup?', 'meaning of prenups' and 'prenups in the UK' have increased by 21% in the last three months compared to the three months previous, it is clear they are growing in popularity.
Leanne Hayward, consultant solicitor in the family law team at Richard Nelson LLP, said: "In previous years prenups have been perceived in a negative light and considered only necessary for celebrities or for the wealthy. It seems that these public perceptions are beginning to change and more couples are now starting to appreciate the value of reaching an agreement on the division of their assets before committing to a future together.
"Although there is no guarantee that a Family Court will follow the terms of a prenup to the letter in the event of a divorce, case law suggests that as long as they have been prepared properly and follow certain criteria, they will be given serious consideration. Couples can therefore expect to save considerable sums in legal fees on divorce by avoiding court proceedings where legal costs can reach a staggering £40,000 up to a contested final hearing."
To guide couples through the process of writing a prenup, Leanne has outlined seven key topics all couples should reach an agreement on.
Premarital assets - As prenups rise in popularity it's unsurprising to see more obscure items being included in these agreements. That said, it's important not to forget about the fundamentals. Premarital assets refer to the possessions an individual owns prior to getting married. In a prenup you should outline the possessions you wish to keep hold of and those you wish to share. By maintaining this distinction individuals can guarantee ownership of particular assets in the event of a divorce, providing more clarity and transparency for both parties.
Pet care responsibilities - Slightly more unusual but gaining an increasing amount of interest is the rise of pet prenuptials, otherwise known as pet-nups. These have surfaced as a way of protecting pets from the crossfire of a divorce. Unlike children the court doesn't take the pet's best interests into account after a split. Instead, decisions will be based on who paid for the pet and who has contributed the most financially. A pet prenup allows couples to agree how pet care responsibilities will be shared should a breakup occur. With our furry friends often proving to be a hit online, you can also outline who will take responsibility for your pet's social media accounts, IP address and content.
Sentimental items - Prenups don't just have to include property - they can also protect any personal possessions too. Reaching an agreement on how you'll divide family heirlooms or any items that carry significant sentimental value, like a photo album, will minimise any potential conflict in the event of divorce. In terms of engagement rings, there's often confusion over who gets custody over it. In general, once the wedding has happened the ring becomes the wifes. Should you wish to take a different approach then you should address this in your prenup.
Provisions for children from previous relationships - If you have them, children are another key party to consider when writing a prenup - especially those you may have from previous relationships. You should detail how you wish to divide your assets between your little ones. Should you end up going through a divorce, the courts will pay close attention to this aspect of your prenup with children being one of the key considerations when finalising how assets are going to be divided. As part of this you should also outline how your assets will be divided should you or your partner pass away. By doing this you'll provide your children from previous marriages with the certainty that they will receive a fair proportion of property and inheritance, while providing you with the peace of mind that your children will have financial security in the future.
Business earnings - If you have a business that is in its early stages you might want to think about whether it's going to make significant growth and whether the profits and value of the business will be separate or marital property. It's important to note that if one spouse owns the business and the other invests during the course of the marriage it could be considered marital property.
Premarital debt - Although talking about debt with your other half can be a daunting conversation to have, it's a key element to include in a prenup. If you are aware that yourself or your partner has financial debt such as a student loan, you should outline whose responsibility it will be for paying this off should you break up.
Inheritance or gifts from family members - This is often a difficult area to deal with in a divorce and can cause a considerable upset not only to the separating couple but also to the extended family members who can find themselves embroiled in litigation themselves. Having these issues set out in a prenup can help to reduce this by setting out clearly what the expectations are from the outset.
