Understanding prenuptial and postnuptial agreements
A prenuptial agreement (prenup) is entered into before marriage and sets out how assets, property and finances should be dealt with if the marriage ends.
A postnuptial agreement (postnup) is made after marriage and serves a similar purpose.
While these agreements are not automatically legally binding in England and Wales, the Court will generally give them significant weight provided they are properly prepared, fair and both parties have received independent legal advice.
Nuptial agreements can be particularly important where:
- One or both parties have significant assets
- There are business interests to protect
- There are children from a previous relationship
- Family wealth or inherited assets are involved
Clear documentation can reduce uncertainty and help avoid future disputes.
How we can help
Advising on suitability
We discuss your circumstances and whether a prenuptial or postnuptial agreement is appropriate.
Drafting tailored agreements
We prepare clear, bespoke agreements reflecting your financial arrangements and intentions.
Independent legal advice
We provide independent advice to ensure the agreement is robust and likely to be upheld.
Reviewing proposed agreements
If you have been asked to sign an agreement, we review the terms and advise on fairness and risk.
Protecting business and inherited assets
We help structure agreements to safeguard business interests or family wealth.
Updating agreements
We review and amend agreements if circumstances change, such as the birth of children or significant financial developments.
