The rise of the DIY Pre-Nup – good value or false economy? by Karen Weiner | Blogs | The Law House


The rise of the DIY Pre-Nup – good value or false economy? by Karen Weiner

By in All Blogs, Family Law Category on February 6th, 2014

As Valentine’s Day approaches many couples will be thinking about tying the knot. Plans will then begin for the “Big Day”. The starting point after the day is set will be the venue and most couples will have a budget to work to, particularly if they are paying for it themselves. The budget will include the venue, music, food, cars, dresses and suits, flowers and the honeymoon.

And of course legal fees for a pre-nuptial agreement!  However unromantic it may seem for some couples, this forms an integral part of planning a wedding, particularly if you are marrying later in life and have already accrued assets, or are marrying for a second time around. Once bitten, twice shy…

So, how much should you pay for a pre nuptial agreement and do you really need to take legal advice?

Like making a will or getting a divorce you can go online and find a number of companies who, for a minimal charge, will sell you the forms that you can just fill out to fit your particular circumstances. They may also even throw in a telephone call with a solicitor.

The problem with this, as with all so called “DIY” legal services, is if your relationship breaks down, you may find that it simply does not protect you and you end up spending thousands of pounds on legal fees arguing over the division of assets which is exactly what you were trying to avoid in the first place. This seems to me to be a false economy.

Under current law pre nuptial agreements are not binding. However, following a recent, well reported case, the Court will take them into account if certain conditions are met. A cheap DIY version is tempting when you have all the expense of the wedding but if you are going to the trouble of having a pre-nuptial agreement, shouldn’t you ensure that it will have the best chance of being upheld?

It is likely that in the not too distant future pre-nups will become binding but even then, there will be strict requirements at the time the agreement is entered into.

For advice on any of these issues contact me on 01923 521003 or email kjweiner@thelawhouse.com