With Valentines Day fast approaching, love is certainly in the air and there is no better time to start planning ahead for your wedding and the legal implications of the same
A pre-nuptial agreement is an important document that can be useful in reducing conflict on the potential breakdown of a marriage or civil partnership. They are designed to determine the financial arrangements in the event of a divorce or dissolution as agreed prior to your wedding. A nuptial agreement can be particularly useful in circumstances where there is significant wealth disparity, previous marriages or family assets/inheritance which you wish to protect.
Live
Thankfully, we are now living in a society where it is acceptable for couples to talk openly about their finances without stigma or embarrassment. It is important to understand the financial implications of marriage, particularly in view of your future spouse’s financial position, to protect yourself in the event of a potential divorce.
We recognise that every family is different and therefore will have their own personal reasons for entering into a nuptial agreement. Whether this be to ringfence assets that were accrued prior to the relationship, ensure unequal contributions to investments or property is safeguarded, protect inherited wealth or provide for the needs of any children on divorce, a nuptial agreement is an important consideration when entering into a marriage.
Planning a wedding is inevitably an extremely stressful time and we seek to alleviate further pressure by assisting clients in a timely and clear manner prior to the wedding.
Alternatively, if life has gotten away from you and you have missed the boat in terms of a pre-nuptial agreement, there is also the option of a post-nuptial agreement which is entered into after the marriage has taken place.
Love
Now, this should be the easy part. There is a reason why couples are getting married, and the strong foundation for marriage tends to be rooted in love. It is a common misconception that having a nuptial agreement in place is unromantic and that it disrupts the ‘love’ and ‘honeymoon’ atmosphere of planning a wedding. However, this does not need to be the case. Our family team at Field Seymour Parkes are all members of Resolution who aim to resolve matters as amicably as possible.
In addition to this, Madeleine Young, Bethan Thomas and Lindsay Davies are collaboratively trained solicitors. Collaborative law is a process where parties and their lawyers agree the terms and drafting of a nuptial agreement through a series of meetings. This seeks to reduce tensions and open up honest and relaxed conversations. We can offer this process as a constructive, quick and cost effective way of concluding a nuptial agreement, including recommending a collaboratively trained lawyer to assist your spouse.
Ultimately, it is often the case that agreeing the financial position upon a potential divorce is easier to do when the “love” is still present and your motives are aligned.
Legal
Whilst nuptial agreements are not strictly binding, they are becoming increasingly recognised within the courts in England and Wales. This means that so long as certain conditions are satisfied and the terms of the agreement are considered broadly fair, then it likely that the nuptial agreement will be upheld upon a future divorce. The main three principles to be considered (although not exhaustive) are:
- Whether the agreement was entered into freely
- Each party should be in possession of all the information material to their decision to sign the agreement
- The agreement must be fair to the parties in the circumstances prevailing.
It is important to be aware that any agreement must be entered into in good time before the wedding. Good practice is to ensure that the agreement is signed at least 28 days before the wedding. This means that both parties should be seeing their solicitors well in advance of this – a few months before the wedding at least. Therefore, if you are looking to enter into a pre-nuptial agreement ahead of your 2026 summer wedding, now is the perfect time to get in touch with the Family team at Field Seymour Parkes.
