Prenuptial Agreements in England are now often regarded as binding though the court retains discretion as to whether an agreement should be enforced.Overall they must be fair in their effects of the proper maintenance requirements of the economically weaker spouse, and any dependent children are provided for.
Your agreement could provide a code as to how you agree to manage your finances during the marriage. It can also specify what you expect to happen should either of you die. It is important to note, however, that Wills are required to carry out your wishes upon death. Foreign Wills may also be necessary.
There is not a “standard” form of prenuptial agreement in England, because in English law marriage does not alter the ownership of property. This is unlike some countries, where marriage will create a “community of property” unless there is a prenuptial agreement. Because the question of what is fair varies so much for individual circumstances, prenuptial agreements have to be carefully drafted to fit individual circumstances.
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