Many engaged couples will be finalising their wedding arrangements over the next month or so. Increasingly, we are approached a short time before the wedding to prepare a pre-nuptial agreement for the happy couple.
In order to stand the best chance of being upheld in the event of a subsequent divorce, a pre-nuptial agreement should be entered into at least 28 days before the big day.
Parties also need to factor in time for them to each take independent legal advice, to exchange financial disclosure to confirm their financial situations, and thereafter negotiate a fair agreement that is likely to be upheld by the court.
Each agreement is bespoke, and so it takes time to finalise the agreement. It is preferable that the agreement is not rushed, so that the agreement can be handled sensitively, and so that the couple is not placed under pressure.
Whilst we will always do what we can to ensure that the agreement is entered into on time, we would encourage engaged couples to think sooner rather than later about taking legal advice, and preferably at least six months before the big day.