Legal considerations are a crucial part of financial planning, and getting married or entering a civil partnership is one of the biggest legal decisions most people will make in their life.
Before you tie the knot, it is important to review your financial and legal position. By speaking to a wealth manager and solicitor ahead of the ceremony, you can understand how best to protect your assets. In a rising number of cases, a pre-nuptial agreement can be beneficial for the financial security of soon-to-be-weds.
What is a pre-nuptial agreement?
A pre-nuptial agreement or “pre-nup” is a legal agreement made by a couple before they marry or enter a civil partnership. It sets out how their assets should be divided if their marriage ultimately ends in divorce or the civil partnership is dissolved.
Although they are not legally binding, pre-nups have taken on extra significance since 2010 when a landmark ruling stated that, unless a small number of particular situations have arisen, a pre-nup will often be upheld and so couples should expect to be held to its terms.
Pre-nups on the up
The number of couples getting a pre-nup before tying the knot has soared in recent years. Estimates suggest that as many as one in five married couples now have such an arrangement in place.
Typical clients for pre-nups are high net worth individuals for whom there may be a wealth disparity between the couple. However, as the rise of pre-nups shows, there is now a far broader market for seeking the security and clarity they offer. For example, young couples, especially those where one member might be in line to receive a large inheritance, are increasingly entering pre-nups.
Wealth managers crucial for planning your pre-nup
Before getting a pre-nup, you will need to consult a solicitor who specialises in family law, and you should make sure to contact a wealth manager too.
Pre-nups typically cover an array of financial matters, including property, income, savings, pensions, stocks and shares, inheritance, debt and business interests. In all of these areas, gaining a clear understanding of your individual and collective personal finances is crucial for ensuring financial independence now and in whichever future arrives.
Proactive financial planning is crucial for looking after your wealth when entering into a marriage or civil partnership. In collaboration with legal professionals, wealth managers advise clients on asset protection strategies, to ensure your pre-nup takes into consideration the full picture.
Act now to reduce future conflict
“The emotional and financial costs of contested divorce proceedings can be huge” says Elizabeth Taylor of Phillips Law, “and a pre-nup can reduce this by taking away some of the conflict, should you and your spouse separate in the future. A comprehensive prenup will have a foundation of transparency about your financial positions and this can build trust between an engaged couple too.”
If you are unsure about whether a pre-nup is for you, take early legal advice to help you make an informed decision. It’s important to remember that any prenup should be signed at least 28 days before your wedding or civil partnership.
“It’s about peace of mind”
Jodie (38) and her husband Greg (37) chose to get a prenup before saying their vows last year. As part of the process, they sought support from wealth management specialists S4 Financial.
“It was about having things laid out really clearly,” says Jodie. “We wanted to know where we stood and going through the process has been a huge help in understanding our financial resilience.”
The couple started preparing the pre-nup about six months before the nuptials, giving them plenty of time to get the advice they needed and to fully understand their current and future financial situation.
Greg adds: “It’s about peace of mind that we are financially resilient within our marriage and, if the day ever arrives where we are no longer together, outside of it too.”
Estate Planning Considerations
While pre-nups focus on what happens if a relationship breaks down, it’s equally as important to plan for what happens if one partner dies. Marriage or civil partnership automatically revokes any existing Will a person may have (unless the Will was made expressly in contemplation of the marriage). This is a commonly overlooked issue which can result in a person dying intestate (without a valid Will).
A pre-nup can help protect inherited or pre-marital wealth on divorce but it doesn’t affect what happens to your estate on death. It is important to review your Will at the same time as planning your marriage.
Wills, pre-nups and financial planning should work together to form a robust strategy that protects your wealth and your loved ones – whatever the future holds.
Here to help
Although discussing divorce before even getting down the aisle can seem uncomfortable, more couples are using pre-nups to take control of their financial resilience. As part of your preparations for married life, talk to a wealth manager and solicitors who can help you build a solid financial foundation that will provide greater freedom and security for both members of the couple. We’re here to help; get in touch today!
[Written in joint collaboration with Phillips Law. See their website and LinkedIn to find out more about them.]
The information in this article does not constitute legal or financial advice. Pre-nuptial agreements are not automatically legally binding in England and Wales, and their enforceability depends on individual circumstances and proper legal procedures being followed. You should seek independent legal and financial advice tailored to your personal situation before making any decisions. Tax and estate planning rules are subject to change and depend on individual circumstances.