What’s mine is yours? Top tip 9 for your prenuptial agreement – What happens if one of you dies?

5th 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 9 – What happens if one of you dies?

You may want to decide and record in your prenuptial agreement your intentions for what you would like to happen if one of you dies. Will the other person be entitled to continue to live in the house? What should happen to your business interests, assets and personal possessions?

Any previous will becomes invalid once you marry and you will need to make a new one after your wedding day. A prenuptial agreement can be a way of providing your spouse with some assurance in the interim. Although the prenuptial agreement cannot interfere with your right to leave your assets to whoever you choose in your will, it may hold some sway with a court if a disgruntled family member is challenging a will.

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.