Wedding season will soon be around the corner, bringing with it plenty of excitement and anticipation. If you’re planning to tie the knot, you’ve probably devoted hours to choosing venues, outfits, flowers, the DJ playlist and other finishing touches.
But have you given any thought to a pre-nuptial agreement?
For many couples, it can feel uncomfortable to think about what might happen if the relationship doesn’t have the fairy-tale ending everyone hopes for. Yet, when approached positively, a pre-nup can actually help create clarity, trust and stronger foundations for your marriage.
What can a pre-nuptial (or pre-marriage) agreement do?
A pre-nuptial agreement is a legal document designed to make financial arrangements clearer if a marriage were to break down. It can help to:
- Protect assets you owned before the marriage
- Shield one partner from the other’s debts
- Make provision for children from previous relationships
- Keep inherited property within the family
- Reduce the risk of lengthy and costly legal disputes
Pre-nups are not automatically legally binding in England and Wales, but the courts increasingly give them significant weight. Provided the agreement is properly prepared, fair, and considers the needs of any children, judges will usually uphold it.
How could a pre-nup help your relationship?
There’s no escaping the fact that money can be a major source of tension in any relationship. People often have very different attitudes towards spending, saving and financial responsibility, and these differences can lead to conflict over time.
A pre-nuptial agreement encourages open and honest conversations about money before you marry. It allows you to agree in advance on key issues such as how finances will be managed, how inheritances should be treated, or how major costs like school fees might be handled. By setting expectations early and having a clear financial roadmap, you may be able to avoid misunderstandings and disputes later on.
Is a pre-nup right for you?
You don’t need to be wealthy to benefit from a pre-nup. Circumstances change, and what feels unnecessary now may prove invaluable in the future.
A pre-nuptial agreement may be particularly worth considering if:
- You own a business you want to protect
- You have children from a previous relationship and want to safeguard their inheritance
- You have been divorced before and you want to protect what you’ve built up
- You expect to inherit family property you’d like to keep within the family
- You are concerned about your partner’s existing debts
Do you need legal advice?
Yes. For a pre-nuptial agreement to carry weight, it must be properly prepared by a qualified solicitor. There is no “one size fits all” solution, so specialist legal advice is essential.
Typically, a pre-nup will set out each person’s assets and how they should be treated in the event of divorce. Full financial disclosure is required, both parties must enter into the agreement freely, and each should have their own independent solicitor. It should also be signed well in advance of the wedding (at least 28 days before but typically earlier).
What if circumstances change?
A pre-nuptial agreement isn’t set in stone. It can be reviewed and updated at any time, as long as both partners agree. If you’re already married, you can still achieve similar protection through a post-nuptial agreement.
For further information on pre-nuptial agreements or any other family matters such as divorce, separation, children matters or cohabitation agreements, please contact 01256 844888 or email enquiries@lambbrooks.com