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Prenuptial agreements (prenups) are a useful tool for couples who want to agree in advance how their finances will be handled if the marriage ends. But a common question we hear is: What if my prenup doesn’t cover my spouse’s housing needs?
Are prenups legally binding?
The short answer is that a prenup is not automatically binding. Courts always have the final say, especially when it comes to housing and financial support after a separation.
What do the courts consider when making their decision?
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Courts look at housing and financial needs
Even if your prenup says that your spouse gets a certain amount of money or property, the court can override it if that arrangement would leave them without adequate housing. The law requires that both parties have their reasonable needs met, including a place to live.
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The prenup is just one factor
Judges take prenups seriously, but they also consider other factors, like:
- The length of the marriage
- Each spouse’s income and earning potential
- Contributions to the marriage, both financial and non-financial
- The welfare of any children
If the prenup leaves your spouse unable to afford suitable housing, the court may adjust the settlement to make sure their needs are met.
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Flexibility is key
Prenups can be helpful in guiding financial arrangements, but they aren’t a guarantee. If circumstances change, such as a spouse’s housing needs or income, the court may step in to ensure fairness.
Get prenup advice early from specialist family solicitors
To reduce the risk of a prenup being set aside, it’s important to get proper legal advice for both parties before signing. A well-drafted prenup can include flexibility clauses to address housing and other needs, making it more likely to be upheld.
A prenup that doesn’t meet your spouse’s housing needs may not be fully enforceable. Courts prioritise ensuring both parties have reasonable accommodation and financial support. If you are worried about your prenup covering housing, speaking to a family law specialist can help protect both your agreement and your spouse’s rights.
Contact our team for advice in Bath, Bristol or Bradford on Avon using our contact form or by emailing info@sharpfamilylaw.com.
