Prenuptial & Postnuptial Agreement Solicitors

Protecting assets you bring into a marriage — or clarifying what happens to assets built during one — is not pessimism. It is planning.

Prenuptial agreements are given significant weight by courts in England and Wales, particularly where both parties had independent legal advice, made full financial disclosure, and entered the agreement freely and without pressure. A properly drafted nuptial agreement is the strongest protection available for assets you want to ring-fence — whether before marriage or after. A specialist solicitor will ensure it meets every requirement for courts to uphold it.

Significant weight given by courts if properly drafted Pre-marital assets, inheritances & business interests Postnuptial agreements during marriage Free initial consultation

What You Need to Know

Nuptial agreements in England and Wales — how they work and what makes them enforceable.

Nuptial agreements are not automatically legally binding in England and Wales — but courts give them decisive weight where the right conditions are met. Getting the agreement right from the outset is everything.

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How courts treat prenuptial agreements

Following the Supreme Court's decision in Radmacher v Granatino [2010], English courts will uphold a nuptial agreement where it is fair, freely entered into by both parties with a full appreciation of its implications, and does not leave either party in a predicament of real need. A court will not be bound to follow an agreement that fails to meet these conditions — but one that does will routinely be followed. The conditions are demanding, which is why expert legal drafting matters.

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What a prenuptial agreement can protect

A prenuptial agreement can ring-fence pre-marital property and savings, business interests, inherited wealth, and assets received as gifts before or during the marriage. It can also set out what would happen to assets built up during the marriage — including how the matrimonial home would be dealt with on divorce. Agreements are typically set out as a baseline, with courts retaining discretion to depart where strict application would be unfair.

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Independent legal advice is essential

For a nuptial agreement to carry full weight, both parties must have received independent legal advice — from separate solicitors. A solicitor advising only you will explain the agreement's effect, ensure you fully understand what you are signing, and confirm that advice in writing. Where this step is skipped, a court may find that the agreement was entered into without a full appreciation of its implications — and decline to follow it.

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Full financial disclosure by both parties

A nuptial agreement signed without full mutual disclosure of assets, liabilities, income, and financial circumstances is far more likely to be disregarded by a court. A solicitor will ensure that disclosure is properly documented — including business valuations and pension values where appropriate — so that the agreement cannot later be challenged on the basis that one party did not understand the value of what they were waiving.

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Timing — prenuptial agreements and pressure

A prenuptial agreement signed under pressure — including the pressure of an imminent wedding — is a ground for a court to give it less weight or disregard it entirely. The agreement should be finalised at least 28 days before the wedding, giving both parties adequate time to read, take advice, and sign without feeling coerced. A solicitor will manage the timeline to ensure the agreement is in place well in advance and under no pressure.

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Postnuptial agreements

A postnuptial agreement is entered into during the marriage rather than before it. They are treated similarly to prenuptial agreements and are appropriate when circumstances change — such as one spouse receiving a significant inheritance, a business growing substantially in value, or the parties separating and then reconciling. A solicitor can also draft a review clause into a prenuptial agreement providing for regular review as family circumstances change.

How It Works

The agreement is only as strong as the process behind it.

A nuptial agreement drafted without proper disclosure, without independent advice, or too close to the wedding date is one a court can easily set aside. A specialist solicitor builds the agreement — and the process around it — to withstand future challenge.

Submit Your Request
1

Describe what you want to protect

Tell us about the assets — pre-marital property, business, inheritance — and the timeline. We will confirm what needs to be in the agreement.

2

Solicitor drafts the agreement

A specialist family solicitor drafts the agreement to meet the Radmacher conditions — with full disclosure and a structured timeline.

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Free initial consultation

You receive clear advice on what the agreement can protect, what the courts will uphold, and what the process involves — at no cost.

Free Initial Consultation

An agreement drafted properly is one a court will follow. One drafted loosely is one a court will ignore.

Speak to a specialist about what your agreement needs to say — and how to build the process that makes it enforceable.

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Common Questions

Prenuptial & postnuptial agreements — what people ask us.

Are prenuptial agreements legally binding in England and Wales?

Not automatically — unlike in many other jurisdictions, England and Wales has no statute making nuptial agreements contractually binding. However, following the Supreme Court decision in Radmacher v Granatino, courts will give decisive weight to a nuptial agreement where both parties entered it freely and with a full understanding of its implications, both had independent legal advice, and there was full financial disclosure. In practice, well-drafted agreements are routinely followed — and the Law Commission has recommended legislation to make them formally binding.

What happens if we have children after the agreement is signed?

A court will not follow a nuptial agreement if doing so would leave either party or the children in a predicament of real need. The welfare of children is always a paramount consideration and cannot be contracted away. However, a well-drafted agreement can accommodate future children by including review provisions, by setting out what would happen to the family home where children are involved, and by separating financial claims relating to children from the core asset-protection provisions.

My fiancé is asking me to sign a prenuptial agreement. Do I have to?

No. A prenuptial agreement must be entered into freely — any element of pressure or coercion is grounds for a court to disregard it. If you are being pressured to sign, you should speak to a solicitor immediately to understand the agreement's implications before deciding. Your solicitor advises only you. If the agreement is unfair or you did not have adequate time to consider it, a court may decline to follow it. The fact that your partner wants an agreement does not mean you must accept its terms without negotiation.

Can a prenuptial agreement cover inherited wealth I haven't received yet?

Yes — a prenuptial agreement can include anticipated inheritances (for example, a family business or estate that a party expects to inherit). The agreement can state that any inheritance received before or during the marriage shall remain separate and not form part of the matrimonial asset pool. Whether a court upholds this depends on the circumstances at the time of divorce — including whether the inheritance has been "mingled" with matrimonial assets or relied upon to meet family needs.

Is a postnuptial agreement treated differently from a prenuptial one?

Courts treat prenuptial and postnuptial agreements similarly. Some judges have observed that postnuptial agreements should be treated with slightly more caution because the parties are already financially and emotionally intertwined — making truly free consent harder to assess. In practice, both are given decisive weight where the Radmacher conditions are met. A solicitor will draft a postnuptial agreement to the same standards as a prenuptial one, including independent advice, full disclosure, and no element of duress.

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