Advice around nuptial agreements

Published on
2 min read

As the pandemic continues and there is likely to be some form of social distancing in place for the foreseeable future, many couples have had to postpone wedding celebrations, sometimes without a new date being set. You may be wondering whether your prenuptial agreement will remain valid when you do eventually marry.

Prenuptial agreements commonly provide that they will remain valid where a wedding is delayed up to 12 months; in other words, if you still marry within 12 months of signing your prenuptial agreement, it is likely to be effective, even if the agreement gives a wedding date that is now incorrect. Check your prenuptial agreement to see if it includes this provision. 

It may be that you no longer wish to be bound by the terms of the agreement you have signed already, or that your financial situation has significantly changed since that date. Similarly, this may be the case by the time your new wedding date comes around.  In such a situation, you and your partner should consider executing a short deed confirming, either (i) that you each intend to be bound by the original terms, or (ii) that you would like the terms of the agreement to be amended. 

If your wedding has been postponed by more than 12 months after you signed your prenuptial agreement, then consider entering into a new agreement or consider a post nuptial agreement too. 

If you are currently living with your partner, it is worth putting in place a cohabitation agreement to record the way in which you arrange your finances during this period. If you have children or a child on the way, now may be a good time to consider a parental agreement, and to ensure that your will is up-to-date.

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