Do I have to agree to a prenuptial agreement?

If you have been presented with a prenuptial agreement (often referred to as a ‘prenup’) hopefully this is not a surprise to you, as it is now seen as a sensible measure for many couples. However, you may be wondering if you have to agree to everything set out in the document, or how strong your negotiating position is if you want to propose changes to some of the terms.

‘Planning a wedding is exciting, but it can also bring up some important financial conversations, such as whether to have a prenuptial agreement,’ says Samantha Sinclair, Head of Family Law with Ware & Kay. ‘It is important that you understand and agree to all terms of the agreement. There are some crucial points to consider before you contemplate signing one.’

Do I have to sign it?

The short answer is no, you are not obliged to sign a prenup. It is a voluntary agreement and you cannot be forced into signing if you do not want to. Marrying someone does not mean you also have to agree to their financial terms and what they would want to happen on any future divorce or dissolution of a civil partnership.

However, deciding whether to sign a prenup can be more nuanced, so here are some factors to consider:

• Why did they ask? Understanding your partner's motivations can be helpful. Do they have significant premarital assets? Are they protecting a family inheritance or a business such as a farm? Open communication between you both is key here.
• What does the prenup actually say? Do not feel that you have to accept all the terms.
• What are your concerns? Carefully review the draft prenup with your own lawyer is essential to ensure that the terms are fair for both of you and address things like division of property, debt, and inheritance. Prenups tend to be lengthy, detailed documents, and sometimes legal jargon may get in the way of clarity, so if there is anything you are unsure of you should ask your lawyer to explain.  
• Are you comfortable with the terms? You should not feel pressured into signing a prenup. If you feel uncomfortable, you should express your concerns to your partner and also to your lawyer. There is no reason why a prenup should not be a collaborative process, where both of you and your lawyers are working together to achieve a fair agreement.

Are there any deadlines?

It is considered good practice to sign at least 28 days before your wedding date. Do ensure that you are allowing plenty of time to have the necessary discussions with your partner and lawyer, and remember that the lawyers also need sufficient time to properly prepare the document for you.

Is it a good deal for me?

Once you know what the draft prenup says, you will of course ask yourself whether the proposed terms work for you.

In order to see whether the deal is fair, there has to be full and transparent financial disclosure from both of you, which can be referred to when looking at the prenup terms. This will ensure that you have done your best to make informed decisions about what is fair and what is not.

Each prenup is tailored to a couple’s specific circumstances and needs, so you will have to think about things such as:

• what level of income and capital you might need at different stages in the future;
• if you have children already, or plan to have them after marriage, and whether their financial needs have been covered; and
• that the terms will meet your reasonable needs in general.

Inevitably, events will take place during a marriage which will alter your financial needs and so there should be review clauses in the draft prenup to ensure any updates and changes can be made.

When considering a prenup, the courts will still apply the law and are unlikely to uphold a prenup if it is considered to be very unfair to one party, in particular if it does not meet their reasonable needs.  

Key considerations

Before signing a prenuptial agreement, bear in mind these considerations:

• there has to be full financial disclosure from both sides;
• allow sufficient time for discussions and preparation of the document;
• take independent legal advice from a family law specialist and raise any concerns;
• check that review clauses are drafted into your prenup; and
• remember that the terms must be fair for both of you.

Ultimately, the decision of whether to sign a prenup is a personal one. By understanding your options and having open communication with your partner, you can make an informed choice that feels right for your future together.

How we can help

Whether you have only just set your wedding date, or your partner has given you a draft document to sign, we can provide you with the specialist advice required to ensure your prenup secures a fair deal for you.

For further information, please contact Samantha Sinclair in the family law team on  York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247  or email samantha.sinclair@warekay.co.uk.