The law surrounding family issues covers a quite a few specific topics. These areas include prenuptial agreements, marriage, separation agreements, divorce, child support, child custody, and spousal support amongst others. This article is one of a series which will individually discuss in more detail, each of these areas. To introduce the series however, this article will focus on the prenuptial agreement.

A prenuptial agreement is made between a couple prior to entering into a marriage contract or civil union. As of 2007, in England and Wales, prenuptials are not enforceable; but at the discretion of the court, they may be upheld. As such, prenuptials, like any other contract, must be in writing and signed by both parties. According to UK family lawyers, there is no set format in which the agreement needs to be written; and the content varies widely.

Commonly addressed issues; however include the couple’s plan with respect to spousal support and the division of property in the event that the marriage breaks down.  Another area which can be covered by these agreements is with respect to what will happen with certain assets should one party have an affair. Sometimes child custody and guardianship arrangements are also addressed in prenuptials.

Prenuptials obviously are not necessarily an area of family law that a couple ideally would like to address prior to delving into what they hope be a lifelong commitment of marriage. Something to keep in mind; however, is that with divorce being more commonplace than ever before, both financial and legal experts are now recommending this protective measure be taken. It can be looked at somewhat as an insurance policy if you have any type of interest to protect. Such interests include: an inheritance, ownership in a business, children from outside the relationship, a significant amount of wealth in comparison to the other party involved, etc.

Although people do not necessarily want to bring it up, prenuptials are very important to consider. What may make it easier for you to discuss with you partner is bringing it up earlier in the relationship, perhaps more casually. If they already understand that it is a principle that you believe in, it will not come as such a shock that you would like to draw one up. If you need advice with preparation of a prenuptial agreement or any other area of family law, Solicitors Search can help you source a qualified family solicitor near you.

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