What’s mine is yours? Top tip 7 for your prenuptial agreement – Decide how debts are to be divided

11th September 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:

Top tip 7 – Decide how debts are to be divided

While you will usually be liable for debts in your sole name, responsibility for jointly accrued debts such as secured lending, credit cards and hire-purchase agreements may need clarification.

This can especially be the case where only one person is working. If, as part of your marriage you have agreed to pay off your partner’s pre-marital debts such as student loans or rent arrears then this should be recorded, expressly stating whether the money is to be paid back if the marriage comes to an end.

You can even specify your arrangements for paying the household bills, whether they are to be shared equally or one of you is to pay them all.

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.