The criteria for a valid nuptial agreement: signing 28 days prior to wedding

Signing a prenup: Why timing matters

One of the key considerations in the enforceability of a prenuptial agreement is the timing of when it is signed. According to the Law Commission’s report ‘Matrimonial Property, Needs and Agreements’, a proposed qualifying nuptial agreement should be signed at least 28 days before the wedding.

Why the 28-Day Rule?

The 28-day guideline is designed to:

• Prevent undue pressure close to the wedding
• Ensure both parties have time to review and negotiate terms
• Promote informed and voluntary consent

This timeframe helps avoid situations where one party feels compelled to sign under emotional or logistical pressure.

Is this a legal requirement?

No - this is not a strict rule, but something that the court may take into account. In Versteegh v Versteegh [2018] EWCA Civ 1050, the nuptial agreement was upheld, despite it being signed only one day prior to the wedding.  

Furthermore, whilst the agreement in AH v PH [2013] EWHC 3873 was not upheld, the court found that it was immaterial that the agreement had been signed only one day before the wedding, as the terms had been agreed earlier.  

Courts consider the overall fairness and circumstances of the agreement. Therefore, it is not mandatory to sign a prenup earlier than 28 days before the wedding, but it’s strongly recommended to avoid claims of undue pressure.

If you and your partner are considering signing a prenuptial agreement and you are concerned about its enforceability, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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