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All you need is love – and a prenup

Roses are red, violets are blue, here’s some sensible legal advice for you…

Valentine’s Day may be synonymous with love, romance, and surprise engagements, but nothing says “planning for the future” quite like setting out your financial arrangements clearly before married life begins.

If getting engaged is on the cards for you this Valentine’s Day, congratulations! While it might be tempting to immediately start thinking about wedding dresses, first dance songs, and how many cake tiers is too many (the limit does not exist), there’s one vital part of pre-wedding planning that’s often overlooked: a prenuptial agreement, more commonly known as a prenup.

In this article, Vivienne Middleton, partner in the expert Family Law team at Lodders, highlights the benefits of prenuptial agreements.

Wise men say, only fools rush in (without a prenup)

Though currently not legally binding, a prenup is a document created before a marriage or civil partnership that sets out how a couple’s financial matters, such as property, assets, and debts, would be handled if the relationship were to end in the future. Essentially, it’s a way for couples to agree in advance how to manage their finances. Agreements can be put in place before (prenuptial) or after (postnuptial) a marriage or civil partnership.

Of course, drafting a prenup might not seem quite as exciting as choosing your colour scheme or tasting cake samples, but it is worth pausing to think about before you say, “I do.” While prenups sometimes get a bad rap for being overly cautious or having a pessimistic outlook, the reality is they are a practical tool for helping couples to have clear conversations about finances and set up protections for both of you should circumstances change later down the line. The intention of a prenup is often to “ring-fence” certain assets, such as those owned before the marriage or inherited assets, so they remain protected from the usual sharing rules in the event of a divorce.

And through it all, it offers you protection

While any couple planning to marry or enter a civil partnership might benefit from a prenup, they can be particularly helpful for individuals with pre-existing wealth, property owners, business owners, and those who may receive an inheritance down the line.

Prenups are especially valuable in blended families. If you’re remarrying and want to make sure children from a previous relationship are provided for, a prenup offers a way to set those wishes in stone while everyone’s on good terms, helping avoid difficult conversations or disputes later.

So don’t look back in anger

Whether it’s about managing personal assets and debts, protecting a family inheritance, or simply being clear about what stays separate, a prenup gives couples a chance to have open, honest conversations about their financial future together to prevent potential regrets later.

As mentioned before, while prenups in England and Wales aren’t automatically legally binding, a carefully drafted agreement that meets key criteria can carry significant weight in court and clearly set out financial expectations in the event of a separation. Read our recent blog on the validity of nuptial agreements for further details.

At Lodders, we know that prenuptial and postnuptial agreements carry both practical and emotional considerations. Our team of Family law experts is here to provide balanced advice, helping you create an agreement that is fair and transparent so you can move forward in your marriage with confidence. Get in touch today.

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Need more advice?

For help with a legal problem or more information on any of our services at Lodders, please get in touch with our friendly team. You can contact us via the number or email address below, or fill in the form and we will get back to you as quickly as we can.

Emily Brampton, Lodders Solicitors

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