Prenups, Postnups, and Petnups: Can they be romantic? We say absolutely – with the right legal advice!
Valentine’s Day is a popular time for couples to get engaged or married and while planning the wedding may be the focus, it is never too early to consider planning for your future together. Prenups, postnups, and petnups are increasingly being viewed by couples as sensible and forward-thinking tools to equip them for marriage.
Some people worry that discussing a prenup takes the romance out of the wedding planning. In reality, having open conversations about finances at an early stage can strengthen trust and understanding. Just as many people prepare for the future by making a will, putting practical arrangements in place can provide clarity and reassurance if circumstances in a marriage change.
Should I get a pre nup?
Prenups have risen significantly in popularity in the UK, and they are no longer reserved for the ultrawealthy. They can be particularly helpful where one or both partners have their own assets, family wealth, or a business.
A prenup encourages couples to have open and honest discussions about their financial positions on how to protect themselves, both individually and as a couple. While prenups are not automatically legally binding in England and Wales, the courts are increasingly willing to uphold them provided certain safeguards are met. This includes both parties engaging in full financial disclosure and obtaining independent legal advice. The latter being important as parties must enter into such agreements freely with the terms being fair and with the financially weaker party having their needs met by the prenup. These are important factors for an agreement to stand up to the scrutiny of the court in order to uphold such terms in the event of a marriage/civil partnership breaking down.
How to speak to your partner
Raising the subject of a prenup can feel daunting, but honesty and timing are key. Framing the conversation around mutual protection rather than mistrust can help to ensure you both feel comfortable discussing the topic. A well-drafted agreement can provide security for both parties, reduce uncertainty and help avoid conflict in the future. Therefore, having legal advice and the right solicitor helping you through the process is important.
Timings and postnups
Ideally, you should contact a solicitor at least 8 weeks prior to your wedding day to ensure the prenup can be completed on time. If you are closer to your wedding date or if you have already married, you may be able to obtain a post nuptial agreement.
Pet nups
Many couples wish to make arrangements for their pets in the events of a relationship breakdown. For many couples, pets are part of the family and a petnup can provide clarity and reassurance.
A petnup can set out who will care for the pet if you separate, the contact the other party will have if any, as well as how ongoing costs such as insurance, food, and veterinary bills will be covered. Some couples also choose to include shared care arrangements. While pets are legally treated as property, having a clear arrangement in place can avoid disputes to ensure your pet’s welfare remains a priority.
By Melissa Jarvis, paralegal at Hopkin Murray Beskine solicitors.
Legal advice
Our team has extensive experience in advising clients on the preparation and content of pre-nuptial agreements. We act for one party only, ensuring that you receive independent legal advice tailored to your individual circumstances. There is no “one size fits all” approach, and bespoke advice is essential to ensure the agreement is robust, fair and more likely to be upheld by the court. Also, in keeping the romance between the parties at the forefront of any advice given.
If you would like to speak to a member of the team regarding a pre nuptial agreement please email familyprivate@hmbsolicitors.co.uk or call 020 7272 1234.
