Valentine’s Day is the perfect time to celebrate love and commitment, with many couples choosing this special day for their engagement. But alongside the excitement of wedding planning, there’s one important conversation that often gets overlooked: a prenuptial agreement.

While discussing financial arrangements before marriage may not seem romantic, a prenuptial agreement can offer security and clarity for the unforeseeable future. In fact, with 42% of marriages in the UK ending in divorce, having a clear plan in place can help protect both partners’ futures.

What is a Prenuptial Agreement and Why Consider One?

A prenuptial agreement, or prenup, is a contract signed before marriage that outlines how assets and liabilities will be divided in the event of a divorce. It can provide peace of mind and financial security for both partners, ensuring there are no disputes over property, businesses, or financial contributions if the marriage ends.

A prenuptial agreement is particularly beneficial when:

  • One or both partners have significant assets, businesses, or property.
  • There are children from previous relationships whose inheritance needs protection.
  • One partner has more debt, and the other wants to safeguard their financial future.
  • There’s a significant difference in income or financial contributions between partners.
  • By having an open discussion about finances before marriage, couples can avoid misunderstandings and ensure both partners feel secure.

How to Make a Prenup More Likely to Hold Up in Court

In the UK, prenuptial agreements are not automatically legally binding, but courts increasingly uphold them if they are fair and entered into voluntarily. To make your prenuptial agreement more likely to stand in court, follow these key steps:

  • Get independent legal advice: Each partner should consult a solicitor to fully understand the prenup and ensure fairness.
  • Plan ahead: Sign the prenup at least 28 days before the wedding to avoid claims of undue pressure.
  • Be transparent: Both parties must provide full disclosure of assets and liabilities.
  • Ensure fairness: If the agreement is too one-sided and does not protect the financially weaker spouse, the court may dismiss it.
  • Include a review clause: Circumstances change, so include a provision for revisiting the agreement, particularly if children are involved.

The Cost of Not Having a Prenup

The recent separation of Hugh Jackman and Deborra-Lee Furness serves as a stark reminder of why prenuptial agreements matter. Despite their long marriage, they reportedly did not have a prenup in place, leading to complex financial negotiations over a $250 million fortune.

Without a prenup, the division of assets becomes more complicated and uncertain, often resulting in legal disputes and financial strain.

Helping You with Prenuptial Agreements

A prenuptial agreement is about entering marriage with confidence and clarity. It ensures that both partners have a shared understanding of their financial future, reducing the likelihood of conflict and uncertainty.

If you’re considering proposing this Valentine’s Day, why not make this special moment an opportunity to discuss your financial future? A prenup can provide the clarity both you and your partner deserve.

At Arlingsworth Solicitors, we specialise in drafting tailored prenuptial agreements that protect both parties’ interests while ensuring fairness. Our experienced family law team is here to guide you through the process, making it as smooth and straightforward as possible. If you’re planning to propose this Valentine’s Day, contact us today to learn more about how a prenuptial agreement can offer clarity for both you and your partner.