Can I protect my assets before marriage with a prenuptial agreement?

If you have assets that you have acquired prior to a marriage, sometimes a product of a previous marriage or inheritance, or because you are getting married later in life; it is perfectly understandable to want to protect those assets or wealth prior to entering into a new marriage.

You can protect your pre-marital assets and wealth with a prenuptial agreement.   However, these documents are not automatically binding upon the Court and the Court will consider the fairness of the agreement before upholding it.

The Court will want to see that the agreement reached is fair in both its procedure and its substance.  The document must show that the needs of both parties have been considered and even if the wealth is being ring fenced to the person who owned the assets pre-marriage, the needs of the other person should still be provided for.

Both parties to a prenuptial agreement should have independent legal advice as part of the preparation of the document and before signing it.  There is a legal process that needs to be followed such as financial disclosure being provided, drafts of the documents being circulated prior to signature and the exact terms of the document being negotiated.

If you wish to discuss your circumstances and methods of wealth protection, 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.