Everything you need to know about getting a prenup

INSIDER NEWS AND EVENTS, Uncategorized

Planning a wedding is a whirlwind of excitement, flowers, and – naturally – finding the perfect wedding dress. But alongside the romance, seating plans and food tasting, there’s a conversation that was once taboo. But is now on the increase and thats – ‘what is going to happen with all our finances once we are hitched. And should we have a prenup?’

We spoke to Zoe at our most trusted ( not that we need a lawyer every day, but we do use them for all things legal and love them) and renowned law firm, Hedges Law for all their expert advice on prenups (AKA (Prenuptial Agreements) – you’re really going to want to read this…

bride and groom exchanging vows prenup

What is a prenup?

“A prenup is a legal document created before a marriage. It outlines how financial matters including assets, income and pensions will be dealt with in the event of a separation and divorce. Whilst not contracts, they are being upheld by the Courts in England and Wales if they are fair.”

Why consider a prenup?

“Prenups aren’t about expecting the worst, they’re about planning for the best. They can be a foundation for open communication about finances, a way to protect generational wealth, and address the practicalities, especially in a situation where there are children from previous relationships. In short, they make sure from the outset that you and your intended are on the same page and in many ways can strengthen your commitment. Here are some reasons to consider one:

  • Protecting pre-marital assets: Inheriting a family business? Owned a house before you met? A prenup can safeguard these assets for you.
  • Blended families: If you or your partner have children from previous relationships, a prenup can ensure their financial security and that the obligations for them sit with their parents only and are not extended.
  • Debt clarity: Are you entering the marriage with student or business loans? A prenup can specify how they’ll be handled and ultimately who picks up the cost of these.
  • Business ownership: If one partner owns a business, a prenup can protect its future.
  • Financial transparency: The process of creating a prenup involves honest conversations about finances, which is a great foundation for a happy and healthy marriage.”
bride and groom kissing

How do you know if a prenup is fair?

“Ultimately, because whatever it says in order to be upheld a prenup must ensure that both of you can meet your needs. I.e. that you have a roof over your head and can meet monthly expenditure costs. 

In putting together a prenup you will be advised about what the potential outcome would be without the document in place and be advised on what benefits you could expect from that and how the document compairs. 

You can have a prenup that evolves over time, so that if you are together for a very long time the entitlement under the prenup changes to reflect this and the additional needs that may have developed as a result. Similarly there can be mechanisms built in to review the document on key life events – the birth of children, the decision of one of you to stop working, retirement, etc, to ensure it is a ‘living document’ that keeps up with you and your particular circumstances.” 

bride and groom hidden by veil prenup

How do you get started with a prenup?

  • Early Discussions: Don’t wait until close to the wedding. Give yourselves ample time to discuss what you would want and understand how prenup could provide this. Ideally, you want this documentation done before your save the dates go out to ensure that you can focus on the joy of the preparations for your big day!
  • Independent Legal Advice: Both partners should have separate lawyers to ensure fairness and understanding of the agreement.
  • Complete Honesty: Full disclosure of finances is crucial before signing.
  • Communication is everything: Use the prenup process to have open conversations about your financial goals together.

Many couples are concerned about raising the idea of a prenup with their partner but in our experience this conversation is much better received than anticipated. For those couples who have already lived together and perhaps have a declaration of trust or cohabitation agreement in place, this conversation is simply an extension of those ones. To ensure that the wishes you both had continue into your marriage (as they do not automatically with a declaration of trust or cohabitation agreement).

A prenup is a sign of maturity and responsibility, not a lack of love. Discussing financial goals, risk tolerance, and how you’ll manage money as a couple can be incredibly empowering for your relationship. It’s about building a secure foundation for your future, together and shows that you are both looking at your life together beyond the big day itself.”

Hedges law has a number of branches so are super easy to reach, dont forget to mention we sent you and they will look after you.

bride and groom walking in field

The other ‘wedding essential’

OK, so you’re got the prenup in place – now it’s time to focus on the dress. That’s something we can help you with at Ellie Sanderson. With wedding dress studios in Buckinghamshire and Oxfordshire, we are proud to stock some of the world’s biggest names in bridal. From British designers like Caroline Castigliano and Suzanne Neville to up-and-coming global labels including Chosen by Kyha and Eva Lendel, we can’t wait to help you find your dream wedding dress. Click here to find out more and book an appointment with us.

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