This is a complicated area and specialist advice should be sought. Much depends on the length of the marriage and the extent of the marital assets compared to those that have been inherited. The inherited assets are generally described as non matrimonial property and the inheriting party will generally be allowed to retain them if the reasonable needs of the other party can be met by sharing the matrimonial assets. The family home however will usually be regarded as a matrimonial asset to be shared regardless of whether it was inherited by one party, but again this depends on the length of the marriage and the wealth of the parties.
It is a matter for you. If you would prefer to keep it secret, then there is no need to, however you may feel more comfortable opening up to close family members about the fact you are being asked to enter into one as they can offer help for support.
Yes, although your fiance or their solicitor has drafted the prenup, you still need advice about it to make sure that you understand its terms and that it has the effect that you would like it to. The implications of a prenup can be serious, and you should to talk to us about this.
Yes. You need to understand the implications of entering into it. Also, if you don’t take advice, it is less likely the prenup will carry weight in the unlikely event of there being a divorce. A solicitor will help you understand whether a prenup is appropriate, and what it should say to best protect your position.
There are several alternatives that can be looked at depending on your situation. Outright gifts or transfers ahead of the marriage, deeds of trust or even postponing the marriage are sometimes looked at by people in that situation.
For more information and insights on Family Law please visit our Family Law info hub.
Some families insist on prenups being entered into before a wedding. If someone has been through a difficult divorce, it is understandable they might want to avoid any repeat of that and protect themselves against the same thing happening, as unlikely as that is.
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