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I would like to enter into a pre-nuptial agreement or civil partnership agreement. How long do I have to leave before my wedding/civil partnership ceremony to do this?

You could draft and both sign your pre-nuptial agreement at any time before your wedding, although doing so at short notice is not always the best idea. This is because it could impact on how enforceable your pre-nuptial agreement is in court. It is best that you do not rush into any kind of pre-nuptial agreement. We recommend that you would need to come and see us to discuss your wishes at least six weeks prior to your marriage date (longer if you have a significant amount of overseas assets) in order to make sure there is enough time for both parties to agree to the pre-nuptial agreement and to minimise the chances of duress being alleged later.

A court will only enforce your pre-nuptial agreement if it is fair and as long as it is entered into correctly with both parties obtaining independent legal advice and making a full financial disclosure.

Sometimes, weddings happen at short notice and it is not possible to leave the recommended time between your wedding and signing your pre-nuptial agreement. If this is the case then we would recommend that you ask your solicitor to draft a post nuptial agreement after the wedding (with the same terms). This will help to make sure that your pre-nuptial agreement is enforceable in court.

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