The sun is out and that can only mean one thing: wedding season will shortly be upon us!

Those of you venturing down the aisle later this year will no doubt already be working through lengthy wed-min: catering decisions, outfit alterations and last-minute changes to the guest list. If you are thinking about entering into a prenuptial agreement, do not let this fall to the bottom of that ever-growing to-do list; timing is essential.

Whilst prenuptial agreements are not (yet) binding in England and Wales, provided they comply with the following guidelines, the court are likely to find the prenuptial agreement to be persuasive and therefore uphold its terms:

• Full financial disclosure must be provided by both parties;
• Both parties must have received independent legal advice as to the terms of the prenuptial agreement;
• The prenuptial agreement must be entered into freely by both parties, without undue pressure or duress;
• The prenuptial agreement must be fair, including provision and/or protection for any children or vulnerable parties; and
• The prenuptial agreement must be signed in good time (not at the last minute) before the wedding.

It is generally accepted best practice for the agreement to be signed no less than 28 days before the wedding. Whilst it would not be fatal to the prenuptial agreement if it was signed after this date, the 28-day rule provides an important safeguard and is one the court will take into account when considering the weight to give to the agreement.

It goes without saying that signing the prenuptial agreement well in advance helps to reduce any suggestion of pressure or duress in the run-up to the ceremony and allows parties to focus on the excitement of their upcoming nuptials rather than being in conversation with their legal team in the weeks (or days!) before the big day. It also gives both parties time to exchange financial disclosure, receive independent legal advice and consider the terms carefully. Prenuptial agreements are complex legal documents, which take time to properly consider and negotiate. This is not work that can (or rather, should) be done overnight.

The safest course is to start the process several months, rather than weeks, before the wedding. If a prenup is on your agenda, early advice and careful preparation will give it the best possible prospect of being upheld if it is ever needed.

Maisie Lockyer is a senior associate inthe team at Burgess Mee and specialises in prenuptial and postnuptialagreements.

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