Do I need a prenup? A plain-English guide for Essex couples
Prenups used to be a Hollywood thing. Now English courts uphold them, provided they're drafted properly. Here's what to think about.
Since the Radmacher case in 2010, English courts will give significant weight to a properly-made prenuptial agreement. That's a long way from the days when prenups were unenforceable curiosities.
A prenup makes sense in more situations than most people realise. You have inherited assets you'd like to protect. You own a business built up before the marriage. One of you is a much higher earner. There are children from a previous relationship. Your family is contributing to the deposit on the family home. Any of these is a good reason to sign a prenup.
For the court to uphold your prenup, four things need to be true. Both of you must have entered into it freely, without pressure. Both of you must have had proper legal advice from your own solicitors. There must have been full financial disclosure, no hidden accounts, no under-valued businesses. And the agreement must be fair at the point of divorce.
Timing matters. We recommend signing at least 28 days before the wedding, ideally 3–6 months out. Anything closer looks like pressure.
Prenups are private and quiet. Nobody outside your solicitors and you needs to know. Our Essex clients typically wrap the whole process up in 4–6 weeks with no drama.
If you're getting married and any of the above applies to you, it's worth a fixed-fee 15-minute call. We'll tell you honestly whether a prenup is right for your situation.