Key points
This case in 30 seconds
- Situation
- A couple remembered a prenuptial agreement only two weeks before their wedding, and there was no longer time to set out every term.
- Approach
- We helped them first write down the one or two terms that mattered most to them, with full disclosure; the rest was left to be confirmed after the wedding.
- Result
- They signed the one or two most important terms before the wedding, and after the wedding confirmed everything in a postnuptial agreement.
Three points to watch when time is short
- First write down the one or two terms that matter most to both of you, with full disclosure.
- Each of you should still get legal advice before signing.
- After the wedding, remember to confirm the remaining arrangements in a postnuptial agreement.
Background
The couple are about to marry and have already talked through the main points before the wedding.
Only two weeks before the wedding did she remember she needed to sign a prenuptial agreement.
She worried that time was too short to set the agreement out clearly.
- Unsure whether there is enough time to set out every term
- Worried that signing close to the wedding could be challenged as having been done under pressure
- Not sure whether you can sign again after the wedding to confirm
She had searched online, but different websites gave different advice, and she was not sure how to proceed.
She wanted the most important parts set out clearly, even though time was short.
To set out the most important parts before the wedding, the first step is to separate what can be written first from what can wait until after the wedding.
Why write the most important terms first?
In this case, the one or two most important terms were written first, because the wedding was so close that there was no longer time to draft the whole agreement.
Why does timing matter when signing before a wedding?
It is best to sign four weeks or more before the wedding, to avoid any claim that one side signed under pressure.
Plenty of time or a wedding close by: how does the approach differ?
| Plenty of time | Wedding close (this case) | |
|---|---|---|
| Signing time | Enough time left to sign, as planned | The wedding is close, and there is no longer time to draft the whole agreement |
| What goes into the agreement | Every asset and arrangement set out one by one | First the one or two terms that matter most to both sides |
| Disclosure | Full disclosure of all assets before signing | Full disclosure still made before signing for the parts that are written |
| Remaining arrangements | Everything already set out before the wedding | The rest is confirmed in an agreement after the wedding |
Without full disclosure, or if one side has no legal advice, the agreement can easily be overturned.
When time is short, how will the agreement be written?
We first write down what has been agreed, then list the items not yet settled and the usual approaches to them, so you have concrete options to discuss.
A fair agreement, full disclosure by both sides and independent legal advice for each of you are what make an agreement hold up.
In this case, the approach was to write down the one or two terms that mattered most to both of them, with full disclosure, and to confirm the rest after the wedding in a postnuptial agreement.
For the other parts an agreement should cover, see ‘Prenuptial agreement’.
Once the most important parts are written down, what remains is knowing how each stage works in practice.
How we helped
From the first consultation to signing, the same dedicated consultant follows your case. We help in three stages.
-
Gathering details
From the first consultation
At the first consultation, the dedicated consultant finds out the wedding date and what the couple have already agreed.
We help list the one or two terms that matter most to both of them, and remind them that disclosure must be full.
Once the terms that matter most are set out clearly, there is a sound basis for drafting.
-
Signing stage
Before the wedding
We help draft the parts already settled, and check that each side’s disclosure is complete.
We remind the clients to leave enough time to sign before the wedding.
An agreement signed after full disclosure is one that holds up.
-
Confirmation stage
After marriage
After the wedding, we help sort out the parts that were left unwritten.
We help draft the postnuptial agreement that confirms everything.
Confirmed in an agreement after the wedding, the remaining arrangements also have a clear basis.
Throughout, the client could phone the dedicated consultant at any time, in Cantonese, Mandarin or English.
For every document, we first explain its contents and what needs following up.
We are a divorce consultancy. We help you organise information, prepare documents and understand the procedure. If your case needs legal advice or a representative in court, we will tell you honestly and help you make other arrangements.
With the three stages joined up, this was the outcome.
Outcome
Before the wedding they wrote down the one or two most important terms with full disclosure, and after the wedding confirmed everything in a postnuptial agreement.
Because the parts already written were fully disclosed before signing, the confirmation after the wedding also has a clear basis.
For the couple, the biggest difference is that, even with the wedding close, the most important parts were still signed on full disclosure, rather than the whole agreement being signed in a rush.
Throughout, the dedicated consultant drafted the clauses from the items that had been listed and explained the meaning of each part to the clients.
If the most important parts are not set out first, the time before the wedding can easily run out.
The agreement is signed and the remaining arrangements were confirmed after the wedding in a postnuptial agreement, which was what mattered most to her from the start.
How does the procedure change if your situation is different?
This approach was used because the wedding was close and there was not enough time to draft the whole agreement. If your situation is different, the approach will change.
Property bought before marriage, mortgage paid together: For how to set this out when property is bought before marriage and the mortgage is paid together afterwards, see ‘the case of a flat bought before marriage and paid for together afterwards’.
A family business or company shares: If a family business or company shares are involved, the agreement can state who owns the shares and how any increase in value after the wedding is worked out. See ‘the case of a family business where the parents want matters settled before the marriage’.
You will inherit your parents’ property: If you will inherit property from your parents, the agreement can state whether what you inherit belongs to you alone. See ‘the case of keeping property your parents leave you separate’.
Three things you can do first in a similar situation
- First write down the one or two terms that matter most to both of you, with full disclosure.
- Talk to a dedicated consultant early to find out whether there is still time to sign before the wedding.
- After the wedding, remember to confirm the remaining arrangements in a postnuptial agreement.
FAQ
The wedding is very close. Is there still time to sign part of the agreement first?
You can first write down the one or two terms that matter most to both of you, with full disclosure, and confirm the rest after the wedding in a postnuptial agreement.
How long before the wedding is it safest to sign?
It is best to sign four weeks or more before the wedding, to avoid any claim that one side signed under pressure.
What is full disclosure?
Both sides confirm that they have fully disclosed to each other all the assets, income and debts listed in the schedule, and that each has taken independent legal advice.
Is an agreement signed after the wedding also valid?
You can also sign after the wedding. This is called a postnuptial agreement, and the court applies similar principles.
Do you give legal advice or represent clients in court?
We are divorce consultants. We help you gather information, prepare documents and understand the procedure.
If your case needs legal advice or court representation, we will tell you honestly and help you make other arrangements.
Illustrative case: this page is adapted from similar cases we have handled. The people and details have been changed, and it is not a record of an identifiable client.
Every case is different, and the time taken and the result will vary. This page is general information only. It is not legal advice and is not a promise about your case.
