If a wedding proposal included Terms & Conditions, would you say I do?

Louisa Bestford, Senior Associate, Divorce & Family

Valentine's Day, with its emphasis on love, commitment, and partnership is a special occasion when couples often contemplate marriage. A Valentine’s Day proposal can be the impetus for couples to discuss and consider a prenuptial agreement. While the topic of prenuptial agreements may seem contrary to the romantic spirit of a Valentine's Day proposal, it can demonstrate a mature and practical approach to the relationship, one that prioritises open communication, trust, and mutual respect.

In England and Wales, prenuptial agreements gained significant legal recognition following the landmark case of Radmacher v Granatino in 2010. This case established that courts should give considerable weight to prenuptial agreements, provided they meet certain criteria, particularly in cases where both parties entered into the agreement freely with a full understanding of its implications. Whilst other Court judgments have been made in relation to this area of law, Radmacher remains the leading authority.

Discussing a prenup gives couples an opportunity to share their intentions and expectations regarding financial matters, property rights, and the division of assets in the event of divorce or dissolution of marriage. It allows couples to have open and honest conversations about their individual financial situations, as well as their shared goals and aspirations for the future.

A prenuptial agreement can serve as a meaningful way for couples to demonstrate their commitment to each other's well-being and security. It shows a willingness to confront potential challenges and uncertainties together, with the understanding that clear and fair legal arrangements can provide peace of mind and protection for both parties in the long run.

Entering into a prenuptial agreement is a personal decision that should be approached with sensitivity. Whilst unlikely to be a topic to broach on the day of asking your partner to marry you, it is a practical and proactive step explored by many couples who value transparency, communication, and financial planning within their relationship. By embracing the spirit of partnership and collaboration, couples can use this time as an opportunity to strengthen their bond and build a foundation for a secure and fulfilling future together.

If you have any questions or would like to discuss getting a prenuptial agreement in place, please do not hesitate to get in touch by contacting Louisa Bestford.