What’s mine is yours? Top tip 11 for your prenuptial agreement – providing for children from previous relationships

19th November 2014

Making a prenuptial agreement before you get married can take away some of the financial worry about what will happen to your assets and property if your marriage does not work out.

In this series of blogs, Susan Davies, head of family law at Ansons Solicitors in Lichfield and Cannock, Staffordshire, gives her top 12 tips for what to include in your prenuptial agreement:

Tip no 11 – Children from previous relationships

If either of you already has a child from a previous relationship, your prenuptial agreement will need to include them and make reasonable financial provisions for them too in the event of a divorce.

The prenuptial agreement should not be used to make arrangements for children of the marriage, even if they were conceived or born before the marriage. You will instead have to negotiate this with the help of your solicitor on separation, or apply to court, depending on your circumstances at the time.

Prenuptial agreements are being increasingly recognised by the court as a good reflection of a couple’s intentions towards each other if they separate. You must both take independent legal advice, give full disclosure of your financial assets and neither of you must be under any duress before signing the agreement. The agreement must also be ‘fair’.

For further advice, please contact Susan Davies in the family law team, on 01543 267 190 or Ansons Solicitors has offices in Cannock and Lichfield, Staffordshire.