Wedding season planning: How prenups, postnups, and wills protect your future

As wedding season approaches, diaries fill with celebrations, speeches and honeymoons. For those planning their own big day, attention is understandably focused on venues, dresses and guest lists. Yet alongside the excitement sits an important, and often overlooked, consideration: how to protect your future.

Thoughtful financial planning before or during marriage is not unromantic. On the contrary, it reflects maturity, transparency and a shared commitment to clarity. Three key tools sit at the heart of that protection: prenuptial agreements, postnuptial agreements and wills.

What is a prenuptial agreement and do you need one?

A pre-nuptial agreement is an agreement entered into by a couple before their marriage or civil partnership which sets out what they intend to happen to their money and property if the marriage or civil partnership were to end.

In England and Wales pre-nuptial agreements are not legally binding in the event of a later divorce/dissolution. However, following a Supreme Court decision in a case called Radmacher v Granatino in 2010, a pre-nuptial agreement will be upheld if it is freely entered into by both parties with a full appreciation of its implications, unless in the circumstances it would not be fair to uphold the agreement.

A prenuptial agreement allows couples to set out in advance how assets would be treated if the marriage were to end. This can include:

• Property or savings acquired before marriage
• Business interests
• Inheritance or anticipated inheritance
• An interest held in trust
• Responsibility for debts

They are particularly relevant where one or both parties bring significant assets into the marriage, where there is family wealth to preserve, where there is a disparity in financial positions or if it is a second marriage.

For an agreement to be considered fair both parties should receive independent legal advice, provide full financial disclosure and sign well in advance of the wedding (no less than 28 days before the wedding but the earlier the better). The terms must also be fair and capable of meeting both parties’ needs.

Far from signalling mistrust, the process often promotes open discussion about finances and expectations, the conversations that benefit any long-term partnership.

Postnuptial agreements: Protecting your assets after marriage

If a couple does not enter into a prenuptial agreement before the wedding, or if circumstances change during the marriage, a postnuptial agreement can achieve similar protection.

Postnuptial agreements are entered into after marriage and are commonly used where:

• One spouse receives a significant inheritance
• A business grows substantially in value
• The couple wishes to formalise financial arrangements following a change in circumstances

Postnuptial agreements are treated in the same way as Pre-Nuptial agreements and must also follow the same process with independent legal advice and full financial disclosure being essential components. Marriage is rarely static; careers progress, assets increase and families evolve. A postnuptial agreement provides an opportunity to reflect those changes and reduce future uncertainty.

Why making a will when you get married matters

While nuptial agreements address financial arrangements on divorce, wills deal with what happens on death, and marriage has an immediate impact here.

In England and Wales, marriage automatically revokes an existing will unless it was made in contemplation of that marriage. Many newlyweds are unaware that their previous will may no longer be valid.

If no new will is prepared, the estate passes under the intestacy rules. Although spouses benefit under those rules, the outcome may not align with personal wishes, particularly in second marriages or where there are children from previous relationships.

It is therefore an ideal time to:

• Put in place a new will reflecting your marital status
• Consider trust structures where appropriate
• Review pension and life insurance nominations
• Ensure guardianship provisions are clear for any children
• Consider tax implications

Planning ahead with Boyes Turner

Discussions about divorce or death may understandably feel uncomfortable during a time of celebration. However, planning is not about anticipating failure; it is about providing clarity and reducing the scope for dispute in emotionally charged circumstances.

Wedding season marks the beginning of a shared life. Taking steps to protect that life does not diminish the romance of the occasion; it strengthens it. With thoughtful planning, couples can move forward not only with optimism, but with confidence that their financial foundations are secure.

If you want to explore your options or need help with planning, get in touch with our Family law solicitors today.