A prenup is designed to protect both parties ‘just in case’. Your relationship may well last forever, but it’s important to be realistic. You may never need to think about it again once the agreement is drawn up, but it can be reassuring just to know it’s there.
If you’re considering entering into a prenuptial agreement, here are 5 crucial things to remember:
1. Cover for your business
You not only need to include details of your business or any business you have a financial interest in as part of your prenup agreement. It’s also important to consider what should happen if the business increases in value after marriage or civil partnership, and whether that extra value is a shared or individual asset.
2. List your debts
One of the most important rules of making a prenuptial agreement is full disclosure. You not only need to list every asset (leaving anything out or deliberately concealing assets can lead to trouble further down the line), but you also need to include your debts.
3. The wedding ring
When listing assets in prenup agreements, so many couples forget to include the most valuable thing they own – the wedding and engagement rings. These rings are considered to be gifts, so they belong to the recipient and so are not usually included in the division of assets following a separation. Unless your prenup states that the wedding or engagement rings were intended to be returned to the giver in the event of separation, they are the bride’s to keep.
4. Pets
Children and dependents are always the top priority when drawing up prenuptial agreements, but what about those non-biological family members? If you should separate from your partner, who gets to keep the family dog or cat? This is something that should be discussed and included to prevent heart-breaking disagreements further down the line if the worst should happen.
5. Avoid grey areas
Your prenup needs to be clear, specific and detailed. Anything that could constitute a ‘grey area’ should definitely be avoided. Where a clause can’t be measured or even enforced, this creates the potential for a dispute to arise if you should legally separate. An example of the kind of grey area is vague descriptions of property or assets, or a behaviour which leads to separation which can’t be measured such as excessive social media use.
You only get one chance to get your prenuptial agreement right, and you don’t want to discover mistakes when it’s too late. If you have questions about whether a prenup is right for you and what to include in the agreement, get in touch with Wirral divorce solicitor Tracey Miller Family Law for friendly, expert advice.