Can I Ask My Future Spouse to Sign a Prenup?

Couples planning to marry or enter a civil partnership may want an agreement to determine what they intend to happen to their money and property if the marriage breaks down.

In England and Wales, prenuptial agreements are not strictly binding in the event of a divorce, but the terms of the agreement may be decisive in the event of a subsequent court dispute.

Many people are uncomfortable addressing the topic of prenuptial agreements out of fear that they will harm their relationship or offend their future spouse. 

Talking about having a prenuptial agreement can be challenging, and suggesting a prenuptial agreement can be daunting.

However, you can take steps to prepare for a positive discussion.

• Explain the purpose: It is important to discuss with your fiancé(e ) their financial expectations for the marriage and to be open with your fiancé(e ) about why you want a prenuptial Agreement and what assets you wish to be protected. 
• Introduce the topic well ahead of the wedding: It is best to have the conversation as early as possible as the agreement needs to be signed between 28 days to 6 weeks before the wedding ceremony, so you need to factor in time to negotiate the pre-nuptial agreement. This can take a few weeks to organise as part of the process involves disclosing details of each person’s assets to the other.  
• Be collaborative and fair: It is important to be transparent and honest with your future spouse about your financial expectations if the marriage fails. An agreement which leaves one spouse homeless is unlikely to be regarded as a fair prenuptial agreement and might be overturned by the court.

When should I ask my Fiancé(e ) to sign a prenuptial agreement? 

It is essential that you talk to your fiancé(e ) sooner rather than later because it can take several months to finalise the agreement, which must be signed 28 days or more before the wedding.