Love blooms: Spring weddings and pre-nuptial agreements

As Spring approaches, many couples will often find themselves swept up in the excitement of wedding planning – choosing venues, picking the flowers, and finalising guest lists. Amid the joy, however, there’s an important legal consideration that is gaining traction in modern wedding preparations: the pre—nuptial agreement or ‘prenup’.

Pre-nuptial agreements, once considered unromantic, are becoming increasingly popular, with one in five UK weddings now starting with a pre-nuptial agreement.

Victoria Cannon, Partner and Head of Family Law, considers their use and validity in a modern marriage.

The statistics

The Office of National Statistics figures underline the changing dynamics of marriage. Between 2019 and 2022, marriages in England & Wales increased by 12.3%, with same-sex marriages hitting a record high, making up 3.2% of all marriages. Love is definitely in the air, but statistics show that couples are taking the legal consideration of marriage more seriously than ever before.

Why consider a pre-nuptial agreement?

When a couple marries, their financial assets and liabilities become intertwined. Should the relationship break down and lead to divorce, their finances may be scrutinised by the courts to ensure fairness and to meet the needs of both parties. This process applies irrespective of the wealth each partner brought into the marriage.

A pre-nuptial agreement offers clarity and security. While it may not be the most romantic element of wedding planning, it can be invaluable in saving time, reducing conflict, and protecting assets in the event of a future divorce.

What is a pre-nuptial agreement?

A pre-nuptial agreement, often referred to as a “pre-nup,” is a legal contract created before marriage that outlines each party’s assets, liabilities and how they should be treated during the marriage or in the event of a separation. These agreements often include provisions for:

• Financial assets and liabilities
• Business or inherited wealth
• Arrangement for children or pets
• Spousal maintenance

Pre-nuptial agreements are typically drafted at least 28 days before the wedding, with both parties taking independent legal advice to ensure fairness and understanding.

Are pre-nuptial agreements legally binding?

The answer is no, but they can be persuasive to a court if certain conditions are met. The leading case Radmacher v Granatino [2010] established the principle that courts “should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”

To strengthen a pre-nuptial agreement:

• It must be entered into voluntarily.
• Both parties should take independent legal advice.
• Financial disclosure should be exchanged.
• The agreement should be executed in good time (28 days or more before the wedding).

If these conditions aren’t met, courts may disregard the agreement or modify it to ensure fairness.

Why are more couples considering pre-nuptial agreements alongside their wedding plans?

Assets protection before marriage

Pre-nuptial agreements are often entered into to protect assets such as a business or inherited wealth. Financial advisors and families frequently recommend pre-nups as part of financial planning for a marriage.

Transparency

A pre-nuptial agreement can also provide clarity and transparency for couples. Part of the process when a pre-nuptial agreement is exchanging financial disclosure, allowing both parties to enter the marriage with a full understanding of each other’s financial position – whether positive or if liabilities are apparent.

Protecting wealth for children and certainty

Pre-nuptial agreements can safeguard assets for children, particularly in second marriages, while also providing clarity and certainty to avoid disputes in the future.

The legal considerations for a valid pre-nuptial agreement

If a pre-nuptial agreement is finalised less than 28 days before the wedding, your solicitor may also advise you to prepare a post nuptial agreement. This is because there may not be enough time for parties to consider their financial position prior to marriage. Entering into a post nuptial agreement means you are confirming that you accept the terms of the pre-nuptial agreement by affirming your position.

Challenges to a pre-nuptial agreement

Pre-nuptial agreements can be challenged, particularly if they are deemed unfair or fail to meet the basic needs of a party (e.g. housing).

The case BL v OR [2023] EWFC 229 illustrates departure from a pre-nuptial agreement where a wife transferred a house to her daughters without the husband’s knowledge. In this instance, while the pre-nuptial agreement excluded the property and should not be considered in financial settlement, the court ultimately did not share the view, and considered the house to meet the wife’s needs.

Courts will always prioritise fairness and may depart from a pre-nuptial agreement if circumstances dictate. This is why expert legal advice is crucial when drafting such agreements.

Peace of mind

Will a pre-nuptial agreement put an end to love and romanticism? On the contrary, they can bring peace of mind to couples entering into a lifelong commitment. If couples were aware of the financial and emotional consequences of marriage breakdown, entering into a pre-nuptial agreement should be seen as a practical and thoughtful addition to any spring wedding—perhaps even a unique wedding gift.

“A pre-nuptial agreement isn’t about anticipating divorce—it’s about entering marriage with clarity, fairness, and mutual understanding. Our clients recognise the importance of financial planning in their relationships and see pre-nups as a thoughtful and practical step in ensuring long-term security for both partners.”

Victoria Cannon, Partner and Head of Family Law