My partner does not want to enter into a pre-nuptial/civil partnership agreement. Can I force them to?

A pre-nuptial agreement must be entered into voluntarily by both parties and signed before the marriage takes place.

To give the agreement the best possible chance of being upheld by the court, both parties should obtain independent legal advice, fully disclose their financial circumstances and ensure that the agreement is fair.

If one party is pressured into signing a pre-nuptial agreement, the court may give the agreement less weight or decide not to uphold it.

A pre-nuptial agreement may be particularly useful if, for example, you are a high net worth individual or are entering a second marriage later in life and want to clarify how certain assets may be treated in the event of divorce.

Without a pre-nuptial agreement, the court will decide how assets should be divided based on the specific circumstances of the case and what it considers to be fair.

This does not automatically mean assets will be divided equally.

If you and your partner cannot agree the terms of a pre-nuptial agreement but still decide to marry, any future financial matters would be determined by the court if the marriage later breaks down. You cannot force your partner to sign an agreement.

It is also important to note that child maintenance obligations cannot be excluded through a pre-nuptial agreement. Child maintenance will continue to be determined in accordance with the applicable legal framework.