My Wedding is this year... when should I sign the Pre Nupt?

 

The timing of a pre-nuptial agreement can be tricky. If it’s done too far in advance it may not be upheld, especially if the wedding is delayed by a very long time and/or financial circumstances change. If it is done too close to the wedding, it is unlikely to be upheld by a subsequent divorce court, as the court may feel that there was insufficient time for one party to take advice or that there was undue pressure close to the wedding.

When should you sign your pre-nuptial agreement?

Sign Pre-Nupts
(at least) 6 months
before the wedding

In an ideal world a pre-nuptial agreement will be signed at least six months before the wedding. However most pre-nuptial agreements state that the agreement will take effect if the marriage takes place within 12 months of the signature of the agreement. This means that getting the agreement completed well in advance is always best – it avoids any potential upset in the run-up to the wedding which should be an enjoyable time for the couple.

If your financial situation has changed you may wish to review your current agreement and your options for re-negotiating its terms. If there has been a significant and potentially long-term decline in your assets and/or income, one option may be to execute a deed amending the terms of the current agreement. Even if there has not been a significant change to your financial situation, in light of the delay, it may be advisable to execute a deed anyway confirming that you still wish to be bound by the terms of the original agreement.

Why do we need to sign our pre-nuptial agreement so far in advance?

The courts are extremely reluctant to uphold an agreement that was not signed and completed at least 28 days before the date of the marriage. The courts are also very unlikely to recognise an agreement where the less wealthy spouse was not independently advised by their own lawyer.

The process of drafting the agreement and then taking independent advice is bound to take many weeks and sometimes months, so parties contemplating this step need to plan ahead and allow a minimum of three months for matters to be fully agreed and signed and as explained above, preferably more.

Allow 3 months
to finalise a Pre-Nupt

What if we can’t sign the pre-nuptial agreement before the wedding?

If the agreement cannot be signed before the wedding, then there is always the possibility of a post-nuptial agreement. However, once the wedding has taken place couples are often reluctant to enter into an agreement unless a further change of circumstances is due.

Is it unromantic to have a pre-nupt?

Lockdown and delays in wedding is a time for reflection and to considering whether a a pre-nupt is appropriate.

Although pre-nupts (and post-nupts) are often not regarded as the most romantic notion, they do play an important role in marriages allowing couples to agree what they want to happen financially, if for any reason the marriage fails, thereby minimising expensive and emotionally draining conflict on a divorce.

A common misconception is that they will not be upheld in court. However, if both parties have an understanding of its consequences, it is not unfair to one party and it is entered into freely, a pre-nupt will be given weight by the courts as evidence of the parties’ intentions to one another in the event of a relationship breakdown and, in most cases, will be considered binding.

It is advisable to finalise a pre-nupt in good time before the wedding. Accordingly, if your wedding has been delayed and you are considering a pre-nupt, now is good time to start making plans.

Get in touch today. We can help.

 

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