Q&As

Is there a maximum time to enter into a pre-nuptial agreement before a wedding? What factors might the court consider where it is alleged that too much time has passed between the formation of a pre-nuptial agreement and the date on which the parties married?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 25 August 2023
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There is no maximum time limit following the parties entering into a prenuptial agreement before a marriage may take place subject to any period the parties may themselves agree. Equally, there is strictly speaking no minimum time limit, although the Law Commission recommended in 2014 a minimum period of 28 days (Law Commission report: Matrimonial property, needs and agreements February 2014). This is considered to be good practice. Nonetheless, there are instances of agreements signed very close in time that have been upheld on the particular facts (eg SA v PA (Pre-Marital Agreement:

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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