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Navigating prenups – what can’t I include?

Well, now that you’ve read the first blog in this prenup series about what can be included in your prenup, it’s time to find out what can’t be included.

As we explained in the last article, a prenup is a legal document setting out what will happen to assets which each party brought into the marriage with them if the relationship ends in divorce.

Prenups are designed to be beneficial for both parties and should be unique to the couple’s circumstances, but unfortunately, you can’t include everything in it, so you need to think carefully about what you write into the agreement.

So, let’s take a look at what we shouldn’t include.

What can I not include in my prenup?

In order for your prenup to be taken seriously in the UK, there are strict guidelines you need to comply with.

This is why it’s advised that you take independent legal advice before creating yours to ensure that the prenup will stand up in court.

Details you are not allowed to include are:

• Any matters relating to anything illegal or unfair, for example, if one person is left destitute will be disregarded in court.
• You cannot include matters relating to your children such as custody arrangements, living arrangements for the child, child maintenance payments, or visitation.

These decisions will not be binding in a prenup, instead, the court will make a decision based on the best interest of the child or children at the time of the divorce.

If you do not agree with the decision made or your circumstances change, you can appeal to create a new arrangement

• Non-financial personal matters fall outside the scope of a legally binding contract. This includes things like agreements on who is responsible for cooking or other household chores. You also cannot include a clause about infidelity as this will not be upheld by courts.

• If you have borrowed items from family or friends, then these can also not be included in the prenup, even if they’ve been in your possession for the duration of the relationship. A prenup will only protect assets that are owned by either or both parties, not somebody outside the relationship.

• If you are expecting an inheritance during your marriage, you can’t include this. Money that you haven’t yet received will be considered invalid.

How can we help?

With prenups covering such a wide range of items, sometimes people do get tempted to try and include things they shouldn’t hoping it will slip through the cracks.
We advise against this if you want to ensure your prenup is considered valid should you and your partner get divorced.

If you and your partner decide you want a prenup, we can guide you through the process and look at your circumstances impartially to ensure that both parties are protected.

The next blog in this prenup series will cover how to approach discussing a prenup with your partner.

If you would like to ask any further questions or you and your partner are ready to arrange yours, get in touch with our team today.

Stuart Daniel

Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.