If a pre-nuptial agreement is put in place, it should be signed at least 28 days or four weeks before the wedding.
Pre-nuptial agreements consider how assets are to be divided in the event of a breakdown of the marriage. Sensitive discussions surrounding these agreements can add to the pressure of organising a wedding.
It is therefore advisable to seek legal advice as early as possible to allow sufficient time for matters to be handled with the due care and attention they deserve.
There are a number of reasons why you and your spouse-to-be might wish to enter into a pre-nuptial agreement. For example: you may wish to protect family wealth from being split in the event of a divorce; if one of you owns a business or if you have received a significant inheritance, a pre-nuptial agreement can safeguard your business interests; or, if there are children from a previous relationship involved, it can help to protect their inheritance and financial security.
It is important to note that pre-nuptial agreements are not strictly legally binding, however, the courts are placing increasing weight on them, provided certain criteria are met. One such criterion is that it is signed at least 28 days before the wedding. The more time you allow, the easier it is to rebut any suggestions of pressure or coercion.
Depending on the assets involved, pre-nuptial agreements can take time to draft, especially if there are complexities, such as family businesses or inherited wealth. You will each need your own independent legal advice and full financial disclosure needs to be provided. If you have left it too late and have less than 28 days before your wedding, then it may be advisable to enter into a post-nuptial agreement instead.
If you are considering a pre-nuptial or post-nuptial agreement, please do seek legal advice as early as possible so that arrangements can be put in place in good time. The more time you allow, the more time you will have to focus on the important and exciting business of planning a wedding.
At Stone King, we can offer advice and guidance on both pre- and post-nuptial agreements. Please contact our Family Team to find out how we can help.
Zara Jordan
Associate
Stone King LLP
