Christmas is one of the most popular times to get engaged in the UK and according to Bridebook UK, a quarter of partners get down on one knee in December.

Christmas has the romance and magic of Valentine’s Day but with less cliché. It’s a time when kindness and generosity are everywhere, and people spend a lot of time with their loved ones.

No one wants to think about courts and lawyers when you’re planning on popping the question but did you know that at its core, a marriage is a legal contract which significantly changes your legal status?

In our experience, planning your proposal or your wedding is the ideal time to consider a Prenuptial Agreement (pre-nup).

What is a pre-nup?

A pre-nup is a formal, legal contract between you and your future spouse, in which you both set out your intentions in the event of a divorce or separation. This usually involves financial matters but can also cover other significant matters, for example care arrangements for pets.

Signing a pre-nup before getting married is sometimes considered pessimistic, unromantic or implies that you don’t trust your partner, however, this is not actually the case. Instead, a pre-nup allows you to enter your marriage with a fair and reliable agreement about financial and other important matters, so that if something goes wrong you will both know where you stand.

The best time to have these important discussions is when you trust and love each other and importantly before you enter into a legal relationship, which comes with significant consequences.

How does my legal status change when I get married?

When you get married, you agree you will both have legal rights and responsibilities. These include:

1. An obligation to pay maintenance to your spouse in certain circumstances

2. An obligation to share the assets and liabilities (your house, savings, pensions, credit card debt) acquired during the marriage, even if these are not jointly owned or jointly paid for

3. Automatic and significant inheritance rights in favour of your spouse on your death

Given the fundamental legal changes saying “I do” can have, taking legal advice and drafting a pre-nup could save you a lot of money and stress in the future. If you have children from a previous relationship or if you have inheritance money that you want to put towards a joint asset like a family home, a pre-nup is particularly important.

Why is having a pre-nup beneficial?

A pre-nup is of course not guaranteed to eliminate all the pain of a separation; however, it can significantly reduce the conflict and stress that typically arise during the process. Having a well-drafted agreement should allow you and your partner to quickly resolve common legal issues and avoid costly court costs.

If you and your partner are avoiding open and honest discussions regarding financial matters before you marry, this is a red flag! A prenup allows you both to have the opportunity to establish what you expect in terms of your financial positions in the future, such as whether you are happy to share existing personal assets and debts, or if you would prefer to keep these assets and debts separate.

In a strong relationship, you can talk to each other about anything and have uncomfortable conversations. No one has a crystal ball, so consider taking some advice before you get married to protect you both in the future.

A Christmas proposal could be the ideal time to propose as the holidays will give you time to discuss a pre-nup when you’re both uninterrupted by work and are still basking in the glow of your engagement.

We’re offering a 10% discount on pre-nups on the Edinburgh Wedding Directory website – check us out under “suppliers” and then “essential extras”.