31 Mar Reasons to enter a prenuptial or postnuptial agreement

Posted at 00:00h in Family Law by

Vyonne Manuel, Family Solicitor at HRJ Foreman Laws Solicitors highlights why you may wish to enter either a prenuptial or postnuptial agreement.

1. Protecting Assets and Providing Certainty

A nuptial agreement provides a framework for how your assets would be divided in the event of a separation. The most common reasons for putting a prenuptial or postnuptial agreement in place is where couples have:

  • Pre-owned assets – Property, savings, or investments acquired before the marriage.
  • Inheritance – Protecting inherited family wealth for future generations.
  • Children from a previous relationship – Ensuring assets are safeguarded for their benefit.
  • Business interests – Separating personal and business assets to protect a business’s value and operations.

2. Clarity and fairness

A nuptial agreement is ordinarily prepared to set out what will happen to a couple’s assets should they separate. Often, couples enter into nuptial agreements to avoid the stress, money and time involved in engaging in protracted divorce proceedings following separation. The agreement can be as narrow or as wide as the couple wishes. The nuptial agreement is a bespoke document that is tailored to meet the couples needs.

These agreements are usually entered into when the couple is still in a relationship and on good terms, which often means they are more amenable to reach a fair and reasonable agreement taking into consideration their current and future situations.

Couples often want the security of knowing that in the unfortunate event of separation or divorce, their assets will be shared fairly and largely in accordance with the terms of their nuptial agreement. Providing the requirements set out in our articles on postnuptial agreements and prenuptial agreements have been met, a court is likely to endorse the terms of the agreement.

3. Saving on legal costs

As stated above, ordinarily, nuptial agreements can save a couple time, money and the stress of negotiations and protracted contested proceedings following separation or divorce. It can also save couples from the the emotional distress faced when matters remain unresolved for years on end. Nuptial agreements often enable couples to quickly reach agreements which can be formalised into a consent order which then means they can avoid full court proceedings.

4. Timing – prenup vs postnup

If you are considering having a prenuptial agreement it is essential that you allow yourself and your partner sufficient time to have the agreement prepared and finalised at least 6 weeks before your wedding. We would recommend 12 weeks beforehand so you can enjoy planning your wedding. If you are already married or in a civil partnership and have a prenuptial agreement it is possible to have your agreement reviewed especially if your circumstances change.

Nuptial agreements are growing in the UK and are no longer only entered into by the rich and famous. An increasing number of couples see this as a way of financially planning for their futures and protecting their family assets. They recognise that while they are currently happy, things can change and there is a chance this may not always be the case.

For more information and bespoke legal advice about a prenuptial or postnuptial agreement:

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