Valentine’s Day is a time for romance, proposals, and making lifelong commitments. Every year, countless couples take the next step in their relationships, with heartfelt engagements marking the beginning of exciting wedding plans. While love is undoubtedly the focus, there’s one practical conversation that often goes unspoken—prenuptial agreements.
A prenuptial agreement may not seem like the most romantic aspect of wedding planning, but it can be one of the most valuable. Rather than being a sign of mistrust, it offers couples clarity, security, and peace of mind as they build a future together. Having this discussion early can help to protect both parties, ensuring that financial and personal matters are handled with care and transparency.
What is a Prenuptial Agreement?
A prenuptial agreement, commonly known as a prenup, is a legal contract between two individuals who are about to marry or enter a civil partnership. It outlines how financial matters, property, and assets will be handled in the unfortunate event of separation or divorce. While many assume that prenups are only for the wealthy, they can be useful for any couple who wishes to clarify financial arrangements before marriage.
A well-structured prenuptial agreement can cover:
- The division of property and assets owned before the marriage
- How wealth accumulated during the marriage will be shared
- Financial responsibilities and obligations of each partner
- The jurisdiction in which divorce proceedings should take place
- Provisions for children from previous relationships
While no one enters a marriage expecting it to end, having an agreement in place can provide reassurance and prevent uncertainty in the future.
Why Discussing a Prenup After Valentine’s Day Makes Sense
Valentine’s Day is one of the most popular times of the year for proposals, and newly engaged couples are often swept up in the excitement of wedding planning. While decisions about venues, dresses, and guest lists take centre stage, financial planning is just as crucial.
A prenup offers a way for couples to have open, honest discussions about their financial expectations. Addressing these matters early can help prevent misunderstandings later. Taking the time to discuss financial matters and future planning shows maturity and commitment to each other’s long-term well-being.
When Should You Get a Prenuptial Agreement?
Timing is key when it comes to prenuptial agreements. While prenups are not currently legally binding in England and Wales, they are given significant weight in court, provided they meet certain conditions. One of these conditions is that the agreement should be signed at least 28 days before the wedding.
Unfortunately, many couples wait until the last minute to consider a prenup, sometimes just weeks or days before their wedding. A rushed agreement can lead to complications, as courts may view an agreement signed too close to the wedding as being made under duress. To ensure the agreement is valid and carefully considered, we recommend that couples begin the process at least four months before the wedding.
The Process of Creating a Prenuptial Agreement
Drafting a prenuptial agreement takes time and careful consideration. Here’s what the process generally involves:
- Initial Discussions – Both parties should have an open conversation about their expectations and what they want from the agreement.
- Financial Disclosure – Each party must provide full and honest disclosure of their financial circumstances, including income, assets, debts, and any other relevant financial information.
- Independent Legal Advice – Each party must seek legal advice from separate solicitors, who specialise in prenuptial agreements, to ensure that the agreement is fair and properly understood. It may also prompt discussion around matters the couple have not already considered.
- Drafting the Agreement – A solicitor will draft the prenuptial agreement based on the discussions and financial disclosure.
- Review and Negotiation – If necessary, the terms of the agreement can be negotiated before finalising the document.
- Signing the Agreement – Once both parties are satisfied, the agreement is signed well in advance of the wedding day. A solicitor will also need to sign a certificate of advice to be appended to the agreement.
This structured process ensures that the agreement is created with fairness and transparency, reducing the risk of future disputes.
What If It’s Too Late for a Prenup?
If your wedding is fast approaching and you haven’t had the opportunity to create a prenuptial agreement, there is still an alternative—postnuptial agreements. These agreements function in the same way as prenups but are signed after the marriage has taken place. If a couple decides that they would like to establish clear financial arrangements after the wedding, a postnuptial agreement can still provide the same level of protection and peace of mind.
The Growing Popularity of Prenuptial Agreements
Prenuptial agreements are becoming increasingly common, and their stigma is slowly fading. More couples now see them as a practical step rather than a negative one. As financial circumstances become more complex—whether due to business ownership, inherited wealth, or property investments—many are recognising the benefits of having a formal agreement in place.
With changing attitudes and legal professionals continuing to refine best practices around prenups, they are likely to become even more commonplace in the future.
How We Can Help
At FJG, we understand that discussing a prenuptial agreement can be a sensitive topic. Our experienced family law team is here to guide you through the process with professionalism and care, ensuring that your agreement is tailored to your specific needs.
We work closely with couples to create agreements that are clear, fair, and designed to offer security for both parties. Whether you are considering a prenup before your wedding or a postnuptial agreement after marriage, we can provide the expert legal advice you need.
If you have recently got engaged and would like to discuss your options, contact our team today please contact Charlotte or a member of the team on 08081 891 596 or complete our online enquiry form.