Prenuptial Agreements
Agreements entered into before marriage setting out how assets would be divided on divorce — ring-fencing pre-marital assets, inherited wealth, business interests, and property.
Prenuptial & Postnuptial Agreements
Since the Supreme Court's ruling in Radmacher v Granatino [2010], well-drafted nuptial agreements carry significant weight in English courts. They are not automatically binding — but a properly executed agreement, with independent legal advice on both sides and full financial disclosure, is the most effective way to protect pre-marital assets, inherited wealth, and business interests on divorce.
Common Situations
Where one or both parties have children from a previous relationship, a prenuptial agreement records clearly which assets are ring-fenced for those children. Without one, matrimonial property rules on divorce could expose pre-existing assets — including property held in trust for children — to financial remedy claims.
Business owners, professionals, and those with inherited wealth are most exposed on divorce if there is no nuptial agreement in place. A well-drafted prenup defines which assets are non-matrimonial — ring-fencing them from the section 25 division that would otherwise apply — and records their value at the time of the marriage.
A postnuptial agreement carries the same legal weight as a prenup and can be entered into at any point during the marriage — including after a period of difficulty when both parties want agreed terms recorded. A postnup is also used to update an existing prenup after a significant change such as the birth of children or acquisition of a business.
What We Cover
From drafting and negotiating a prenuptial agreement to reviewing and updating an existing one — submit your matter and a specialist solicitor will be in touch.
Agreements entered into before marriage setting out how assets would be divided on divorce — ring-fencing pre-marital assets, inherited wealth, business interests, and property.
Agreements made during marriage — carrying the same legal weight as a prenup — used to record agreed terms on separation or to update a prenup after significant life changes.
Both parties must have independent legal advice for a nuptial agreement to carry maximum weight in court. We advise either party — the proposing or the receiving spouse — on the terms and their implications.
Full and frank financial disclosure must be exchanged before signing. We prepare disclosure schedules, review the other side's disclosure, and ensure the agreement records asset values accurately at the time of execution.
Existing prenuptial or postnuptial agreements reviewed for Radmacher compliance, updated to reflect changed circumstances — including children born since the agreement, acquired assets, or changed financial positions.
Where a marriage has broken down but divorce has not yet been issued, a separation agreement records agreed financial and child arrangements — though it requires a consent order to become legally binding on financial matters.
Why It Matters
The Supreme Court in Radmacher v Granatino [2010] UKSC 42 established that courts should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications — unless it would be unfair to hold them to it. Getting the process right is what makes the difference.
A court will give substantially less weight to a nuptial agreement where one party did not have independent legal advice before signing. Both parties must understand what rights they are giving up — this can only be established by separate solicitors advising each party independently.
Both parties must make full disclosure of their financial position before the agreement is signed. An agreement entered into without disclosure — or where one party concealed assets — is far more likely to be set aside by a court on divorce as the other party could not have fully appreciated what they were agreeing to.
An agreement signed under time pressure — days before the wedding — is more susceptible to challenge on the ground that one party felt they could not freely refuse. The Law Commission recommends at least 28 days before the wedding. Courts treat last-minute signing as evidence of duress, even where none was intended.
Even a perfectly executed prenup may be departed from if holding the parties to it would be unfair in light of circumstances at the time of divorce — particularly where children have been born or where one party's needs cannot be met from non-matrimonial assets. A solicitor drafts provisions that are robust against future unfairness arguments.
The Process
The process is straightforward when started early enough. The main risk is leaving insufficient time — particularly before a wedding — for negotiation, disclosure, and independent advice on both sides.
A solicitor takes your instructions on what assets you want to protect, the structure of your financial position, and what outcome you want the agreement to provide on divorce. For a prenup, this should happen as early as possible — ideally several months before the wedding.
Both parties prepare full financial disclosure — property values, savings, pensions, business interests, debts, and income. This is exchanged before the draft agreement is circulated. Disclosure is the foundation of a court-resistant agreement.
The proposing party's solicitor drafts the agreement. The other party's solicitor reviews it, advises their client on its implications, and proposes amendments. Most agreements require at least one round of negotiation before both parties are satisfied.
Each solicitor certifies in writing that they have advised their client on the terms and implications of the agreement — including what rights the client is agreeing to waive. This certificate accompanies the agreement and is critical if the agreement is ever challenged in court.
Both parties sign the agreement — ideally at least 28 days before the wedding. The agreement should be reviewed and updated after major life events: birth of children, significant change in financial position, or acquisition of a major asset or business.
Information That Helps
The more clearly you describe your situation, the better we can match you with the right specialist and assess how urgently the agreement needs to be prepared.
Whether you want a prenuptial or postnuptial agreement — and your wedding date if a prenup (timing is critical).
The assets you want to protect — property, savings, pension, business, or inheritance received or expected.
Whether either party has children from a previous relationship, and whether those children's interests need to be specifically addressed.
Whether an existing prenup or postnup needs to be reviewed or updated — and how long ago it was signed.
Whether either party has significant debts — these should be recorded in the agreement as clearly as assets.
Whether there is an international element — one party from overseas, overseas assets, or potential for the marriage to be lived outside the UK.
Submitting the form does not create a solicitor-client relationship and does not replace legal advice.
Common Questions
Not automatically — but since the Supreme Court's ruling in Radmacher v Granatino [2010] UKSC 42, courts give them significant weight and will generally uphold them if: both parties freely entered into the agreement with full appreciation of its implications; both had independent legal advice; full financial disclosure was exchanged; and holding both parties to it would not be unfair in the circumstances at the time of divorce. In practice, a well-drafted and properly executed prenup is the strongest protection available for pre-marital and non-matrimonial assets.
The Law Commission recommends at least 28 days before the wedding — courts treat an agreement signed very close to the wedding as potentially entered into under pressure, which undermines its weight. In practice, solicitors advise starting the process at least three to four months before the wedding to allow time for disclosure, drafting, negotiation, and independent advice on both sides without creating any time pressure.
Yes — both parties must have independent legal advice from separate solicitors for the agreement to carry maximum weight. This is not a formality: each solicitor advises their own client on what rights they are waiving, the implications of specific clauses, and whether the terms are fair. The solicitor then certifies in writing that they gave that advice. An agreement where one party was unadvised is significantly more vulnerable to challenge.
A prenup can express intentions about children — for example, recording that certain assets are held for children from a previous relationship. However, the Family Court's paramount consideration in any children matter is the child's welfare, and no prenup can bind the court when it comes to child arrangements or financial provision for children. Child-related provisions in a prenup are treated as a statement of intention rather than a legally binding commitment.
Yes. A postnuptial agreement can be entered into at any point during the marriage and carries the same legal weight as a prenup under the Radmacher framework. The same requirements apply — independent legal advice, full financial disclosure, and freely entered into without pressure. A postnup is particularly useful after a major financial change (inheriting property, building a business) or after a period of marital difficulty where both parties want clarity about future financial arrangements.
A prenup can ring-fence any asset — pre-marital property and savings, inherited assets (including expected future inheritances), business interests and company shares, pension funds accrued before the marriage, intellectual property, and gifts from family. It can also record the treatment of debt. Matrimonial assets accumulated during the marriage are harder to exclude entirely — courts generally expect both parties' reasonable needs to be met — but a prenup significantly shapes how the starting point for division is set.
How It Works
Tell us what you want to protect, whether you need a prenup or postnup, and — if a prenup — your wedding date. A specialist nuptial agreement solicitor will be in touch promptly.
Submit Your RequestUse the form to outline the assets you want to protect, whether it is a pre- or post-nuptial agreement, and your wedding date if a prenup — timing determines urgency.
Your matter is reviewed with complexity and timing in mind. Requests where the wedding is within three months are treated as urgent and connected to a solicitor promptly.
A nuptial agreement specialist contacts you for a free initial consultation — advising on the Radmacher framework, what the agreement can and cannot achieve, and the process from here.
Nuptial Agreement Solicitors
Describe your situation once and a specialist nuptial agreement solicitor will be in touch for a free initial consultation.
Submit Your Request