By Caoimhe Edwards, Family, Goughs Solicitors
At Goughs Solicitors, we often speak to couples who feel slightly unsure about pre and postnuptial agreements at first. That hesitation is understandable. Marriage and civil partnership are built on trust and optimism, and talking about ‘what if’ scenarios can feel uncomfortable.
But, in practice, these agreements are rarely about expecting things to go wrong. More often, they are about clarity, openness and protecting what matters most.
A pre or postnuptial agreement sets out how finances and assets would be treated if a relationship were to end. It can cover property, savings, business interests, inheritances and debts.
While they were once seen as unusual in England and Wales, they have become far more common in recent years. The courts now give them significant weight when deciding financial outcomes on divorce, provided they have been entered into fairly and properly.
We see many couples choosing to put an agreement in place simply because their lives are more complex than they used to be. Some own property before marriage. Others are building a business, expecting an inheritance or entering a second marriage later in life.
For families with children from previous relationships, there is often a desire to ensure future security for everyone involved.
Prenuptial agreements are signed before marriage or a civil partnership, while postnuptial agreements are entered into afterwards. A postnup can be particularly helpful where circumstances have changed. This might be after a period of separation and reconciliation, or where one partner is due to receive a significant sum of money or sell a business.
In these situations, having clear arrangements in place can reduce uncertainty and, in some cases, ease existing tensions.
One of the most positive aspects of these agreements is the conversation they encourage. They require couples to talk honestly about finances, expectations and responsibilities. Those discussions are not always easy, but they are often valuable.
Many clients tell us that once the agreement is in place, they feel a sense of reassurance rather than discomfort.
The process itself is designed to be fair. Both partners must receive independent legal advice, and there must be full and open financial disclosure. There should be no pressure on either party to sign, particularly close to a wedding day.
For prenuptial agreements, we recommend they are completed at least 28 days before the ceremony to give them the best chance of being upheld if they are ever needed.
At Goughs, our specialist family law team supports clients at every stage, from initial discussions through to drafting and finalising the agreement. We take time to understand individual circumstances and priorities, and we aim to keep agreements clear, balanced and practical.
With local roots going back to 1882, we have supported generations of families through changing times. Pre and postnuptial agreements are just one of the ways we help clients plan ahead with confidence, care and clarity, so they can focus on building their future together.
For more information and help, contact Caoimhe on email hidden; JavaScript is requiredor 01225 715097.
