The importance of timing in prenuptial agreements

In the whirlwind of wedding planning, one crucial conversation often gets quietly sidelined: the prenuptial agreement. For couples entering marriage with substantial assets, family wealth, or business interests, postponing this discussion isn’t just poor planning; it can be legally precarious and emotionally fraught. Whilst a prenuptial agreement isn’t necessarily the most romantic aspect of wedding planning to focus on, postponing the conversation can be hugely detrimental to those with wealth and can add great stress to both you and your fiancé further down the line. An open conversation either before or soon after the engagement, followed by legal advice on both sides, is essential to protect your assets to the greatest extent possible.

Law Commission guidance

The Law Commission’s guidance is clear: prenuptial agreements should be signed at least 28 days before the wedding. While not a legal requirement, this best practice significantly strengthens the enforceability of the agreement.

Why does this matter?

It reduces risk of legal challenge: courts are more likely to uphold agreements signed well in advance, as they’re less likely to be seen as rushed or coercive. Prenuptial agreements signed mere days before the wedding are particularly vulnerable to legal challenge. Courts may view them as signed under duress, especially if one party feels pressured to agree in order to avoid derailing the wedding. In such cases, the agreement could be deemed unfair, or worse, invalid.

It signals fairness and transparency: early signing allows both of you to obtain independent legal advice and fully understand the implications.

It protects reputation: a last-minute prenuptial agreement can appear manipulative or opportunistic – especially damaging if your wealth is tied to public or family interests.

The law requires that you both enter into a prenuptial freely, with full understanding and adequate time to reflect. If the timing suggests coercion or emotional leverage, the agreement’s enforceability may be compromised. This is especially true if one of you is significantly less wealthy or less legally informed than the other.

Can you fast-track things by not taking legal advice?

Legal advice is essential and a requirement of the Law Commission’s guidance, and waiting until the eleventh hour limits the opportunity for this to take place. Both of you should have independent solicitors review the terms to ensure fairness, transparency, and compliance with legal standards. Rushing this process undermines its integrity and increases the likelihood of future disputes.

Solicitors can help clarify complex financial arrangements, flag problematic clauses, and ensure that both of you understand the implications of what you’re signing. Without this guidance, even well-intentioned agreements can fall short of legal robustness.

Why should the wealthier party be especially cautious?

If you’re the financially stronger party, the stakes are high, and it can become a risk management issue. You will enter the marriage with significant assets, and it’s essential to protect those properly in order to avoid sharing them in a future divorce, causing potentially long-lasting impact on your family or your business partners.

Getting the prenuptial agreement in place early is essential.

Preserve family wealth: a poorly timed or unenforceable agreement could expose generational assets that you may be responsible for preserving to division in the event of divorce.

Avoid claims of undue influence: courts scrutinise whether the less wealthy party had time and autonomy to consider the agreement. Signing too close to the wedding can undermine this.

Protect business interests: if your wealth is tied to a company or partnership, a valid prenuptial agreement can prevent disruption or dilution of control.

Protection only works if the agreement is enforceable. A prenuptial agreement that’s hastily drafted or perceived as unfair may not hold up in court, leaving your assets exposed and your intentions unfulfilled.

Why is timing so important?

Beyond the legalities, timing affects the emotional tone of the conversation. Leaving it too late can feel manipulative or coercive, especially if the less wealthy party feels blindsided. This can breed resentment and mistrust – hardly the foundation you want for a marriage.

Starting the conversation early enables open and respectful dialogue. It gives both partners the space to ask questions, express concerns, and negotiate terms without the pressure of an impending wedding. This approach fosters mutual understanding, ensuring that both parties enter the marriage with clarity. Discussing financial expectations early on promotes trust, transparency, and emotional maturity. It’s a chance to align values, set mutual goals, and avoid misunderstandings down the line.

When approached thoughtfully, prenuptial agreements can strengthen a relationship rather than strain it. They encourage couples to talk openly about money, responsibility, and future planning, topics that are often sources of conflict when left unspoken.

Best practice for prenuptial agreement preparation

To ensure your prenuptial agreement is legally sound, consider these best practices.

Start early: begin discussions at least three to six months before the wedding to allow time for reflection and negotiation.

Seek independent legal advice: each of you should have your own solicitor to ensure fairness and avoid conflicts of interest.

Ensure full financial disclosure: transparency is key to enforceability and trust. Hidden assets can invalidate the agreement.

Avoid pressure: give each of you time to consider the terms without emotional coercion or wedding-related stress.

Keep it fair: one-sided agreements are more likely to be challenged and can damage the relationship.

A prenuptial agreement isn’t a sign of mistrust – it’s a sign of foresight. It’s about protecting both of you, setting clear expectations, and building a foundation for a stable future. Like any important legal document, timing is everything. For those with significant assets, early preparation is essential. By treating the prenup conversation as part of your broader life planning, you transform it from a last-minute hurdle into a mature, empowering dialogue.

What if it’s too late for a prenuptial agreement?

Despite best intentions, prenuptial agreements can fall through, especially when wedding preparations become overwhelming or discussions around finances feel too sensitive to tackle. If the 28-day window before the wedding has passed, a postnuptial agreement may be the more appropriate route.

A postnuptial agreement is similar in substance to a prenuptial agreement but is signed after the wedding. It outlines how assets will be divided in the event of divorce and can be used to reaffirm or revise terms that were previously discussed but never formalised.

For high-net-worth individuals, this offers a second chance to protect wealth, particularly if the prenup was signed too close to the wedding and may be vulnerable to legal challenge, there was no prenup at all, but circumstances (like inheritance or business growth) have changed, or you want to reinforce financial clarity and expectations within the marriage.

However, once the wedding is over, the urgency often fades. Life moves on, and the conversation about financial protection can feel even more awkward. The risk is that the postnuptial agreement becomes a “we’ll get to it” item that never materialises. This can leave you exposed to unintended financial claims in the event of divorce, family disputes over inherited or gifted wealth or business complications if ownership or shares are contested.

If the prenuptial agreement wasn’t signed in good time, don’t abandon the idea – schedule the postnuptial agreement early in the marriage. Treat it with the same seriousness and structure, ensuring independent legal advice, full disclosure, and fair terms.

If you would like to discuss your options with one of our specialist family lawyers, please get in touch.