With a wedding to plan, it's easy dismiss or forget about a possible prenup. Many people assume that a prenuptial agreement is unromantic or, worse, a sign that a couple has little faith in their marriage lasting. In reality, the opposite is often true. Couples who are open enough to discuss a prenuptial agreement tend to show a higher level of communication, and that honesty and trust can lay the foundations for a stronger marriage. Because prenuptial agreements are rarely talked about unless they form part of a divorce, the many thousands of couples who are happily married with one in place seldom receive any attention.
A prenuptial agreement, done properly, depends on both of you having time to share financial information, take independent advice and think about the terms. Rushing any of those steps can affect how much weight the agreement carries and as it’s a key part of your marriage, like all things, it should be done right.
As a general guide, start the conversation at least three to six months before your wedding as you need to finalise and sign at least 28 days before the ceremony. If your finances are complex, start earlier.
Ben Dale, Associate Solicitor in our Family Law team, explains when to start arranging a prenup, what affects the timescale and what to do if your wedding is getting close.
When should you start arranging a prenup?
Start as soon as you have a wedding date, and ideally at least three to six months before the ceremony. That leaves time for disclosure, drafting and negotiation so you can breath and enjoy your time without the wedding pressure deciding the pace.
The simplest way to plan is to work backwards from your wedding date:
| Time before the wedding | What to do | What to consider |
| More than six months | Raise the subject and take initial advice | Allow extra time for business or overseas assets |
| Six months | Instruct solicitors and begin financial disclosure | Leave room for drafting and negotiation |
| Three to five months | Prioritise disclosure and agree a signing deadline | Delays may limit what can be completed properly |
| Two to three months | Finalise and sign your papers | All is done, Look forward to the Wedding |
| Fewer than 28 days or after the wedding | Take urgent advice about your options | A prenup can no longer be made but options are available. Consider a postnuptial agreement |
The above is a practical guide, not a legal requirement. Starting earlier gives you both room to consider the terms carefully but in certain circumstances they can be arranged on shorter notice.
How long does a prenup take to arrange?
Most prenups take several weeks to arrange once both solicitors are instructed, and complex cases can take longer. The timescale depends mainly on how quickly financial information is exchanged and whether the terms need negotiating.
The process usually follows these stages:
- Initial advice: discuss what you want the agreement to achieve and agree a realistic timetable.
- Separate solicitors: each of you instructs your own solicitor.
- Financial disclosure: you exchange details of your assets, income and debts.
- Valuations: professional valuations are obtained where needed.
- Drafting: one solicitor prepares the first draft for both of you to review.
- Negotiation: changes are discussed until the terms are agreed.
- Signing: you both receive final advice and sign, ideally well before the 28-day point.
Disclosure and negotiation usually take the longest, and they are also the stages that suffer most when rushed.
What can make a prenup take longer?
Expect the process to take longer if either of you has:
- An interest in a company, partnership or professional practice
- Property or investments that need an up-to-date valuation
- Trust interests or an expected inheritance
- Assets or financial connections outside England and Wales
Business interests often need the most time. Protecting a business is rarely just a matter of recording its current value.
The agreement may also need to deal with future growth, income and ownership. Where assets are held overseas, you may also need advice in another country, because an agreement made under the law of England and Wales may not be treated the same way elsewhere.
What financial information should you gather early?
You will need to give a clear picture of what you own, what you owe and what you earn. This is known as financial disclosure, and it allows each of you to understand the other's position before agreeing to the terms.
Start gathering:
- Property values and mortgage statements
- Bank, savings and investment statements
- Pension valuations
- Company accounts and shareholding details
- Details of loans and other debts
Pension valuations and business accounts can take weeks to obtain, especially if an accountant or pension provider is involved. Requesting them as soon as you instruct a solicitor is one of the simplest ways to keep the timetable on track.
Should you each have your own solicitor?
Yes.
It is not a strict legal requirement, but each of you should take independent advice from your own solicitor. One solicitor can prepare the draft. That same solicitor should not advise both of you, because your interests may differ.
Separate advice lets each of you understand what you may be giving up, ask questions and propose changes. It is also strong evidence that the agreement was entered into freely and with a full understanding of its effect. Allow time for this in your timetable, since the second solicitor will need to review the disclosure and draft properly.
What if your wedding is less than 2 months away?
Take advice straight away rather than assuming it is too late. Your available options depend on how complex your finances are, how much information is already available and whether you have already agreed the main terms.
If there isn't enough time, a postnuptial agreement after the wedding may be the better option. A postnup records the same kind of arrangements and needs the same care with disclosure, independent advice and fairness. It is usually safer than pushing through a prenup in the final weeks before the ceremony.
How we can help you arrange a prenup before your wedding
Our Family Law team can review your wedding date alongside your financial circumstances and give you a realistic timetable for disclosure, drafting and signing. That way you know what needs to happen and when, well before the final weeks.
We advise people with business interests, property, inheritances and assets overseas, and we work with our corporate and private client teams where an agreement needs wider input. Our aim is to help you and your partner reach terms you both understand, with time to think them through properly.
To discuss a prenup with our family law team, please give us a call, request a callback or make an enquiry.