Let’s face it – the raising of the need for a “prenup” or prenuptial agreement within a loving relationship can be difficult to contemplate.
An engagement and the planning of a wedding is an exciting time however it may be that some uncomfortable conversations are necessary relating to the parties’ assets acquired before their relationship. Once it is agreed that a prenuptial agreement is necessary, it is essential that both parties’ positions are clear and that full financial disclosure has been made.
Due to factors such as second and third marriages and parties marrying at an older age, prenuptial agreements are becoming more and more common with parties seeking to protect pre-acquired assets. We therefore seek to break down some critical issues for you to consider before you say “I do” to a prenup.
The Big Question: Do You Have to Sign It?
You are under no obligation to enter into a prenup whatever the parties’ financial circumstances. You have every right to decline to do so. Marriage is about partnership and reaching the appropriate decisions as a couple.
Reading Between the Lines
Before you pick up that pen, take a moment to consider:
Why am I being asked to sign a prenup?
Is your partner protecting a family farm that’s been passed down through the generations?
Are they safeguarding a business they’ve built from scratch or properties that they have purchased prior to your meeting?
Understanding their motivation can transform an awkward conversation into a meaningful discussion about your shared future.
The Devil’s in the Details
That stack of papers might look intimidating but don’t assume it’s all set in stone.
Remember that your partner’s solicitor wrote it with their best interests in mind, not yours.
Just like getting a second opinion from your doctor, asking your own solicitor to review it is essential to ensure both parties’ interests are being protected.
Your Voice Matters
Feeling pressured to sign? It should be considered that should the marriage fail and an application to the Court is necessary to assist them in reaching an equitable financial settlement, a judge is not compelled to uphold the agreement.
If there is any suggestion of a party entering into the agreement under duress, then the prenup may be overthrown. A prenup should be a collaboration, not an ultimatum.
If something doesn’t feel right to you, speak up. The right partner will listen.
Time Is Of The Essence
Here’s a crucial detail many couples miss: if you are having a prenup, you are required to reach agreement and sign it at least 28 days before saying “I do.” And trust us, you don’t want to be haggling over legal terms while trying to finalise your seating plan.
If you’re running short on time, you can always decide to enter into a postnuptial agreement after the wedding.
Is It A Good Deal?
Think of a prenuptial agreement like a financial blueprint for your future. To know if it’s fair, you need:
- complete financial transparency from both sides;
- a clear understanding of your future needs;
- consideration for any potential children; and
- flexibility for both of your lives to change.
Remember, even the best-laid plans need updating. Make sure your prenup includes review clauses – think of them as relationship pit-stops where you can adjust the terms as your lives evolve.
The Non-negotiables
Before you sign, check:
- there must be full financial disclosure from both parties;
- there has been plenty of time for discussion and preparation;
- you have both taken independent legal advice from family law experts;
- there are review clauses built into the agreement; and
- the terms for both partners are fair.
The Bottom Line
A prenup doesn’t mean you’re planning for failure – it means you’re planning for all possibilities. With open communication, professional guidance, and mutual respect, you can create an agreement that protects both of your interests, and your relationship.
Next Steps
Need expert legal guidance? Contact the Family Department at Cunningtons LLP solicitors for guidance on this tricky issue.
With offices across Essex, their family law team can help you navigate these waters with confidence.
Reach us by phone at 01268 732268 or email louise.paynter@cunningtons.co.uk or call 01245 264494 to
speak to jenny.lapwood@cunningtons.co.uk.
Cunningtons LLP’s family law team has offices in Essex at Braintree, Chelmsford and Wickford, all specialising in family law.