How To Discuss A Prenup

For the majority of couples, marriage is a big step in a relationship, and no one wants to think about that relationship coming to an end. 

Many people have the belief that having a prenuptial agreement in place assumes that the relationship won’t last. 

In spite of this, prenups are increasing in popularity in the UK and can be a highly useful tool for financial planning.

Are Prenups Common?

Prenups are becoming more common, with a study finding that ‘one in five UK weddings involve prenups’ and that they neither increase nor reduce the risk of divorce.

Although a prenuptial agreement isn’t legally binding currently in England and Wales, it can be a way to protect what matters to you both.

So, if you’re interested in entering into a prenuptial agreement, how do you discuss a prenup with your partner?

This guide is here to help.

How To Discuss A Prenup

To discuss a prenup, you should:

1. Choose the right time to broach the topic
2. Express your intentions
3. Seek legal advice 
4. Discuss it as a joint decision
5. Look toward the future together

1. Choose The Right Time To Broach The Topic

When discussing a prenup, it’s crucial to choose the right time.

As prenups are often perceived to be negative, approaching the topic of a prenup could be emotional for your partner, especially if they’re not initially on board with the idea.

It’s best to find a private and calm setting that allows you to express your thoughts and feelings and come to an agreement without any external opinions.

Be sure to avoid bringing up the topic of a prenup during a stressful time or during an argument, as this will only frame the prenup in a negative way.

That said, it’s best to have the conversation as early as possible to ensure you and your partner are on the same page early on. The Law Commission recommends entering into a prenup at least 28 days prior to your marriage or civil ceremony, but we would always recommend beginning the groundwork for the same as soon as possible, as it is important a prenup is entered into without pressure or duress. 

2. Express Your Intentions

When discussing the topic of a prenup, it’s important to clearly express your intentions.

One of the first questions that will likely arise for your partner is: Why do you want a prenup? So it’s important to be transparent.

Whether it’s to plan for unforeseen circumstances or protect individual assets, voicing your intentions can help your partner understand why a prenup might be the right decision for you as a couple.

Prenuptial agreements can be a transparent way of discussing the financial picture of a marriage and agreeing on the outcome if it ever comes to an end. 

3. Seek Legal Advice 

When you’re considering the potential of a prenuptial agreement, it’s important to seek legal advice.

A professional family and matrimonial solicitor will be able to guide you through any financial considerations and complexities, ensuring that each party fully understands the legal implications of signing a prenup.

Each party should seek legal advice independently before entering into a prenuptial agreement, as this will ensure that neither party has been unduly influenced.

Our specialist solicitors at Harding Evans can provide you with legal advice on prenups, helping you to make an informed decision.

Get in touch with a member of our team today to find out more.

4. Discuss It As A Joint Decision

It’s important that your partner recognises this is a joint decision, so be sure to frame it as one.

Reassure your partner that entering into a prenuptial agreement is for the benefit of you both.

They’re becoming more popular for couples, emphasised by the fact that 42% of British people consider prenups a good idea, and can be co-created by you both. It can also save you a lot of headaches in the future.

It’s important to highlight the fact that prenups can simplify divorce, making it less expensive and emotionally taxing for you both, as well as any future children.

Can A Prenup Protect Future Assets? 

In short, yes, a prenup can protect existing and future assets, such as property, income and more.

That said, you’ll need to include this in a clause within your prenuptial agreement.

5. Look Toward The Future Together 

Lastly, it’s important to frame the discussion around building a secure, stable future together.

A prenup helps to protect each party’s interests and ensures a smoother process in the future should the marriage break down. 

It can help you tackle financial matters and unforeseen events without emotion or disputes impacting your decision-making process.

Entering into a prenuptial agreement can thus help to ensure a stronger future for you both, as well as any children.

How We Can Help 

Although discussing a prenup might not feel like the most romantic conversation, it can simplify the process of divorce significantly.

If you’re interested in creating a prenuptial agreement, Harding Evans can help. Our solicitors will make sure you understand the legal implications of a prenup, and will tailor the agreement to include any assets you desire.

Contact us at hello@hevans.com to learn how we can assist you today.