Valentine’s Day is a time to celebrate love, commitment, trust, and the shared plans that shape a couple’s future together. For those preparing for marriage, it can also be a natural moment to think practically about how best to protect one another and the life they are building, whatever the future may hold.
Prenuptial agreements are often misunderstood. They are sometimes viewed as unromantic or as planning for failure. In reality, they can be a positive and thoughtful part of the marriage planning process, offering clarity, certainty, and open communication about finances, and helping couples put safeguards in place that support both partners.
What is a prenuptial agreement?
A prenuptial agreement sets out how finances and assets would be dealt with if a marriage were to end. In England and Wales, prenuptial agreements are not automatically legally binding. However, following the Supreme Court decision in Radmacher v Granatino (2010), the courts will generally give significant weight to a prenuptial agreement, provided certain criteria are met.
Planning carefully: key criteria for a prenuptial agreement
For a prenuptial agreement to carry meaningful weight, it must be entered into properly and with care. Courts are far more likely to uphold an agreement where both parties have followed best practice and the terms are fair.
To strengthen the validity of a prenuptial agreement, both parties should:
- Obtain independent legal advice from separate solicitors; and
- Provide full and frank financial disclosure of all assets, income, and liabilities.
Beyond these procedural aspects, the substance of the agreement is equally important. The terms should be fair and reasonable and should ensure that both parties’ needs would be adequately met in the event of a divorce. Any suggestion of fraud, misrepresentation, or concealment of assets may also undermine the agreement’s enforceability.
It is also essential that neither party feels pressured nor influenced into signing a prenuptial agreement. The agreement should be entered into freely and voluntarily, without influence from the other party, their family members, or anyone else. To reduce the risk of any argument about undue pressure, it is considered good practice for the agreement to be finalised and signed well in advance of the wedding or civil partnership ceremony, ideally at least 21 days before it takes place.
While the court always retains discretion, particularly where children are involved, a carefully prepared prenuptial agreement can play a decisive role in financial proceedings.
Why couples choose prenuptial agreements
Couples may consider a prenuptial agreement where:
- One or both partners have significant assets
- There are children from previous relationships
- A family business or family wealth needs protection
- There is an imbalance in wealth or income
Far from undermining trust, these agreements encourage open and honest conversations about both partners’ finances.
Postnuptial agreements
For couples who are already married, a postnuptial agreement can serve a similar purpose. These agreements allow spouses to formalise financial arrangements after marriage, often following a change in circumstances such as the birth of a child, an inheritance, or the start of a business.
As with prenuptial agreements, postnuptial agreements are not automatically binding but can carry substantial weight if properly prepared.
An investment in clarity and respect
A nuptial agreement is not about expecting a relationship to fail. It is about understanding, transparency, and respect for each other’s future security. Valentine’s Day is a fitting time to reflect on how legal planning can support a strong and balanced partnership.
Experienced legal guidance
As a family lawyer with experience advising clients on both prenuptial and postnuptial agreements, I regularly help couples navigate these conversations with sensitivity and clarity. Each agreement should be tailored to the individuals involved, reflecting their unique circumstances, priorities, and future plans.
Early legal advice helps ensure that any agreement is fair, robust, and has the best possible chance of being upheld in the event of a divorce. With sensible and pragmatic advice, couples can move forward with confidence and focus on building their life together. Rayden Solicitors can assist with prenuptial and postnuptial agreements, please get in touch to discuss your situation with us.
