Prenuptial Agreement Rules in the UK

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Prenuptial Agreement Rules and Sample Forms in the UK


Did you know that prenuptial agreements are legal even in the UK?

Yes, in the United Kingdom (which comprises England, Northern Ireland, Scotland, and Wales) they are every bit as legal and enforceable as they are in the United States. Well, to a degree…


It was once thought that the laws in the UK were not able to enforce this type of agreement, but it has been shown that they are indeed being written and enforced as long as they are properly drafted and not in conflict with what’s called the Section 25 law in place. What is Section 25? It is a provision in the law that basically states that the court has the discretion to achieve a just result in any financial divorce settlement; in spite of a prenuptial agreement.

So if a couple does have a prenuptial agreement template or form in place before marriage, it must be clear that the children, if any, are provided for as this is the main tenant of the law. A standard of living that is experienced before the marriage in a family must be also enjoyed after the breakup if there are children in the family. These two goals might seem to be at odds with each other in some cases, so this is why the court has final say in how the assets are split in a divorce.

What this means, in other words, is that even where the Court is aware of the existence of the prenuptial agreement and the requests of the parties as articulated in the prenuptial agreement form, the Court will not allow such a prenuptial agreement template to bring about an unfair result in the eyes of the court.

Nonetheless, in many cases involving prenuptial agreements, the UK court policy lately seems to allow the outcome that would have been imposed by applying the section 25 principles to be at least modified significantly by the wishes expressed in the prenuptial agreement.

For this reason, great care must be taken by the parties (and their advisers) in drawing up any prenuptial agreement to ensure that its terms are consistent with the legal requirements that have evolved over the last few years.

Prenuptial Agreement in UK – Case Details

Sample Forms:




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