Prenuptial & Postnuptial Agreements

Whether you’re preparing for marriage or considering your options after tying the knot, we provide clear, compassionate advice to protect your financial interests and assets. Our lawyers are experts in drafting comprehensive prenuptial and postnuptial agreements.

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What is a prenuptial agreement?

A prenuptial agreement, often called a “prenup,” is a formal document agreed upon by couples before marriage or civil partnership. It sets out how financial assets will be handled during the marriage and how they will be divided in the event of separation.

Prenuptial agreements are designed to:

Encourage open discussions about finances before marriage, fostering trust and transparency.
Protect family assets, businesses or property acquired before the relationship.
Provide financial security for children from previous relationships.
Avoid lengthy and costly financial disputes during a separation.

While not automatically legally binding in the UK, these agreements are highly persuasive if both parties enter voluntarily, disclose finances fully, get independent legal advice, and sign at least 28 days before the wedding.

By addressing financial arrangements upfront, a valid and fair prenuptial agreement can save significant time, costs, and stress in the future if a divorce becomes inevitable.

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What is a postnuptial agreement?

A postnuptial agreement is similar to a prenuptial agreement but is created after the marriage or civil partnership has begun. It can be used to address financial arrangements or changes in circumstances that may not have been accounted for before marriage. It can also be used if you’ve left it too close to your wedding date before considering a nuptial agreement, as a prenuptial agreement really needs to be completed at least 28 days before a marriage.

As with prenuptial agreements, postnuptial agreements are not automatically enforceable under English law but are increasingly recognised by courts if they are fair, properly executed with appropriate independent legal advice, and account for relevant circumstances. If there have been no significant changes to either party’s financial situation between the date of signing and a subsequent divorce, the court is likely to regard the agreement as very persuasive if a dispute arises.

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Frequently asked questions

A prenuptial agreement might be beneficial in the following circumstances:

If you have pre-existing assets before the marriage and want to keep them separate.
If you anticipate receiving an inheritance and want to protect it from your spouse.
If you have children from a previous relationship and want to protect their inheritance.
If you own a business and want to maintain control over it or prevent your spouse from making a claim against company assets in the event of a divorce.
To protect yourself against being responsible for your spouse’s debts.
If you have already been divorced before and want to prevent a repeat of a previous distressing situation.

By having a prenuptial agreement you can enter into your marriage with clarity and certainty about what would happen if you divorce, offering peace of mind.

To create a prenuptial agreement, both parties must provide full financial disclosure to one another, seek independent legal advice, and freely sign the agreement, ideally at least 28 days before the wedding.

While these agreements are not automatically legally binding in the UK, they are highly persuasive if they meet the required criteria, including:

Both parties entering the agreement voluntarily.
Full financial disclosure by both sides.
Independent legal advice for each party.
Signing the agreement at least 28 days before the wedding or civil partnership.

Postnuptial agreements can be especially useful for:

Couples who want to protect newly acquired assets or inheritance.
Adjusting financial arrangements after significant life events, such as having children.
Avoiding disputes by agreeing on financial terms early in the marriage.

Postnuptial agreements are a flexible way to address financial arrangements after marriage and can help resolve potential concerns if one party’s financial circumstances have changed. They are also useful in circumstances where you’ve left it too close to your wedding date to enter in a prenuptial agreement at least 28 days before the wedding.

The cost will depend on the complexity of your situation. We offer transparent pricing, so call us for a detailed cost estimate.

A cohabitation agreement is a legal document outlining financial arrangements and property rights for cohabiting partners, protecting their interests during the relationship and in case of separation. If it was not drafted in anticipation of a marriage and does not cover reasonable provision for your spouse’s needs in the event of a separation, the agreement may not stand. We always recommend reviewing a cohabitation agreement entering a new prenuptial agreement if you decide to get married and want the same principles as your cohabitation agreement to apply.

Yes. As it is a requirement for each party to have independent legal advice for a pre or post nuptial agreement to be considered by the court on a divorce, without solicitors an agreement simply will not stand. Our experts can provide simple and cost effective advice on all aspects of nuptial agreements.