Pre-nuptial agreements (and a Plan B)

Soon it will be Valentine’s Day. As a family law solicitor, it’s tricky to write a blog with this in mind.   I am not in the business of romance.  In the past, I have never been consulted at the start of love’s young dream.

However, in recent years, I have noticed things have changed. Pre-nuptial agreements are now a thing.  Quite a big thing actually.

In the past, pre-nuptial agreement always seemed to be mentioned in American films. Or very much something those who were rich might consider. However, this is no longer the case. Today, couples are very sensible.  They want to preserve assets and remove uncertainty. Often, it is a second marriage and lessons have already been learned.  Whilst we may still hope, living happily ever is certainly no guarantee.

A pre-nuptial agreement is not strictly binding on our Courts. However, if the marriage breaks down, it is highly likely a pre-nuptial agreement will be acknowledged and upheld so long as it’s fair.

Timing is key.  Financial information should be exchanged, both parties should get legal advice, and the agreement ought to be finalised at least 28 days before the wedding.  Even longer than that is preferable in my opinion, especially before the venue is booked.

So, even whilst in love, these legal issues should still be considered.  Love is wonderful but needs to be practical too.   However, if you do forget, all is not lost. A post-nuptial agreement is a feasible Plan B.

Get in touch 

If you would like any advice on pre or post-nuptial agreements, or any other family law issues, please do contact me here.