Inheritance

Yes, you can absolutely get a prenuptial agreement (prenup) to protect a future inheritance in the UK.

Here’s why and how:

Why a Prenup for Inheritance?

• Separate Property: A prenup allows you to define what is considered separate property, meaning assets that you bring into the marriage or acquire during the marriage through inheritance. This helps ensure that your inheritance remains yours in the event of a divorce.
• Clarity and Protection: It provides clear terms regarding the division of assets, reducing potential conflict and costly legal battles in the future.
• Court Recognition: While not automatically binding, prenuptial agreements are given significant weight by courts in the UK, especially if certain conditions are met (more on that below).

How to Protect Your Inheritance with a Prenup:

1. Full Disclosure: Both you and your partner must provide complete and honest disclosure of your financial situations. This includes details about your expected inheritance, even if the exact amount is unknown.
2. Independent Legal Advice: Each of you must receive independent legal advice from separate solicitors to ensure you understand the implications of the agreement.
3. Fairness: The agreement should be fair and reasonable, taking into account both parties’ needs and circumstances.
4. Timing: Ideally, the prenup should be signed at least 28 days before the wedding to avoid any suggestion of pressure or duress.

Important Considerations:

• Specificity: Be as specific as possible in the prenup about the inheritance, including any known details about the assets or estimated value.
• Future Review: It’s advisable to review and potentially update the prenup after you receive the inheritance to ensure it still aligns with your wishes and circumstances.
• Legal Advice is Crucial: A solicitor specialising in family law can help you draft a prenup that is legally sound and effectively protects your inheritance.

In Summary:

A prenuptial agreement is a valuable tool for protecting your future inheritance. By clearly defining separate property and outlining how assets will be divided in the event of a divorce, you can gain peace of mind and safeguard your financial future. Always seek professional legal advice to ensure your prenup is properly drafted and enforceable.