Prenups have become very popular in recent years, particularly since the landmark case of Radmacher v Granatino (2009) which saw the Courts give significant weight to such Agreements. Whilst strictly speaking they are not legally enforceable, the courts are more likely to uphold them.
If you want to protect your personal property, financial investments, items with sentimental value that go far beyond their worth in cash, such as family heirlooms, you should consider a prenup. You do not really want to start a family not knowing what the marriage entails. Having a prenuptial agreement will not only provide a degree of certainty but it will make sure that your marital relationship starts with all communication lines open and help reduce conflict and save money if you divorce.
The reluctance to entertain a prenuptial agreement is understandable. It is not the most romantic topic to be discussing if you are planning to marry but marriage is a financial partnership as well as a romantic one so you both need to think very carefully and consider the legal and financial implications, in the event that the marriage breaks down. A prenup can greatly reduce conflicts during divorce and allow parties to divide assets amicably.
Aside from the romance, you and your partner are going to sit down and talk about money sooner or later, so having a prenup can actually improve communication about financial matters. A prenuptial agreement can cover more than just protecting separate property and assets, it can also define special agreements between couples.
If you are considering a prenuptial agreement, Sandy Randhawa, a specialist family solicitor can create a personalised prenuptial agreement for you and provide valuable legal insight throughout the whole process.