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Prenups and postnups under the mistletoe – What should you know before making commitments over Christmas?

The Christmas season can find couples thinking about the future.

For some couples, it is the joy of shared plans, while for others, it is the nudge to formalise financial arrangements to protect what matters most.

Prenuptial (prenup) and postnuptial (postnup) agreements may not seem romantic, but they can safeguard relationships and avoid conflict down the line.

So, what are these agreements, and why might they come up during Christmas?

What are prenups and postnups?

A prenup is a legal agreement made before a couple gets married, setting out how finances and assets will be divided if the marriage ends.

A postnup, on the other hand, is created after the wedding but serves the same purpose.

Both are particularly useful in clarifying financial arrangements for couples entering marriage with existing assets, business interests, or children from previous relationships.

Why Christmas prompts these discussions

Christmas can be a time of reflection and planning.

For couples who become engaged during the festive season, the excitement of planning a wedding often leads to broader conversations about shared finances.

Similarly, established couples may take stock of their assets or encounter family discussions that highlight the importance of protecting wealth.

The festive period also tends to bring families together, and the topic of inheritance or financial gifts may come up.

If a couple receives a financial gift such as a contribution towards buying a house, then it might be wise to discuss how this would be treated in the event of separation.

The benefits of a prenup or postnup

While these agreements are not legally binding in the UK, courts do take them seriously if they are drafted properly.

Here is why they could be worth considering:

Clarity and transparency – Both partners know where they stand financially, which can prevent misunderstandings in the future.
Protecting pre-marital assets – If one partner owns property or has a business, a prenup can ensure these assets are safeguarded.
Peace of mind – Far from suggesting mistrust, an agreement can reduce stress and uncertainty, allowing couples to focus on their relationship.
Support for blended families – A postnup can outline financial arrangements to protect children from previous relationships.

What to consider

If you are thinking about drafting a pre-nup or post-nup over Christmas, here are some important factors to bear in mind:

Timing is key – A pre-nup should ideally be signed at least 28 days before the wedding. Leaving it until the last minute could lead to claims of duress, undermining its validity.
Full financial disclosure – Both parties must be open about their finances to ensure the agreement is fair.
Legal advice – Each partner needs independent legal advice to avoid conflicts of interest and to make the agreement as robust as possible.

Keeping the conversation constructive

Raising the subject of a prenup or postnup can feel daunting.

However, framing it as a way to protect both partners and their shared future can help.

Focus on the practical benefits and how it can reduce uncertainty, allowing you to enjoy the holidays with peace of mind.

Christmas might not seem like the obvious time to discuss these matters, but with the season’s spirit of generosity and planning for the future, it could be the perfect opportunity.

If you have considered a prenup or postnup agreement, please contact our family law solicitors today.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.