Can I keep all of my assets under a prenup?

In England and Wales, pre-nuptial agreements are not legally binding documents. This means the court can override the contents of the agreement if they believe your finances should be divided differently.

However, the court will uphold the agreement and refrain from overriding it as long as it meets the requisite requirements. Firstly, it must be entered into freely; there cannot be any suggestion that one party is being pressured into the agreement. Secondly, both parties must understand the contents of the agreement and its implications. Finally, the agreement must be fair in all of the circumstances.

Consequently, if the division of assets would be deemed unfair then the court can override your agreement. For example, if you owned all the assets of the marriage, and your partner was left with nothing to meet their needs post-divorce, the court could overrule your agreement to ensure that the assets are to be divided fairly.

It is important, therefore, that your agreement is drafted to be fair in the eyes of the court. If, for example, you wanted to protect a certain asset, you can do this providing the rest of the agreement makes sufficient financial provisions for your partner post-divorce.

Our expert Family Lawyers have offices based in Wolverhampton,  Cradley Heath Sutton Coldfield and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton, Halesowen, Birmingham and beyond.  If you complete our online enquiry form or call us on 01902 328 355, a member of our team will contact you for an initial discussion.