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Advice from legal experts in London you can trust
Planning your future together often includes important financial decisions.
Who will be responsible for paying the rent or mortgage? Will you share a bank account or keep them separate? What will happen to your assets if you decide to separate?
Prenuptial, postnuptial and civil partnership agreements allow couples to set out how finances, property and assets should be handled during the relationship and in the event of a separation.
While no one enters a marriage or civil partnership expecting it to break down, putting an agreement in place can provide clarity, reduce uncertainty and help avoid disputes later on.
Our experienced family solicitors can advise you on preparing an agreement that reflects your circumstances and helps protect both parties.
What is a prenuptial agreement?
A prenuptial agreement (often called a prenup) is an agreement made before a couple gets married or enters into a civil partnership.
It sets out how assets, property, savings and other financial matters should be dealt with if the relationship later ends in separation or divorce.
Prenuptial agreements are commonly used where one or both individuals have existing assets, family wealth, business interests or children from a previous relationship.
Although prenuptial agreements are not automatically legally binding in England and Wales, the courts will often take them into account provided certain requirements are met.
To make sure your agreement is viable, ensure:
- Both parties enter into the agreement freely (no pressure or coercion).
- Full financial disclosure by both parties before signing.
- Each party receives independent legal advice.
- The terms are fair and do not leave one party or any children in serious financial hardship if the marriage ends.
- The agreement is properly written and signed by both parties.
If these conditions are not met, the agreement may be void.
What is a postnuptial agreement?
A postnuptial agreement is similar to a prenuptial agreement but is entered into after a couple has married or formed a civil partnership, rather than before, as the name suggests.
Couples may choose to create a postnuptial agreement if their financial or personal circumstances change during the relationship.
For example, this might include receiving an inheritance, starting a business, acquiring significant assets or having children.
Like prenuptial agreements, postnuptial agreements can provide clarity about how finances would be handled if the relationship were to end.
Couples looking to draft a postnuptial agreement should follow the same criteria as prenuptial agreements to stand the best chance of the court upholding it.
What is a civil partnership agreement?
Couples entering into a civil partnership can also choose to put an agreement in place before or during their partnership.
These agreements operate much like prenuptial or postnuptial agreements for married couples.
They allow partners to record how assets and financial responsibilities should be managed if the relationship breaks down.
Having an agreement in place can provide reassurance and help both partners understand their financial position from the outset.
Step 02
Call
Our Solicitors will explain the pertinent points of law with you, what your obligations are, whether a prenupital agreement is right for you, and costs and timelines.
Step 03
Sign
The engagement letter and we'll get to work on your prenupital agreements
When should you consider an agreement?
Couples may wish to consider a prenuptial, postnuptial or civil partnership agreement in situations such as:
- One or both partners have significant assets or savings
- One partner owns a business or has business interests
- There are children from a previous relationship
- One partner expects to receive an inheritance or family wealth
- You want to protect property owned before the relationship
- You would like greater financial clarity and certainty
If you would like to ask questions about these agreements to determine whether one may be suitable for your relationship, get in touch with our experts.
How our solicitors can help
Our family law solicitors can guide you through every stage of preparing an agreement.
This includes:
- Advising whether a prenuptial or postnuptial agreement is appropriate
- Explaining how the court may view your agreement
- Drafting a clear and tailored agreement
- Reviewing and advising on agreements prepared by another solicitor
Our aim is to ensure that any agreement reflects your circumstances and is prepared in a way that gives it the strongest possible standing if it gets taken to court.
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They’re good people to deal with. Despite the size of firm, I have been pleased that there is still a personal approach to what they do. Obviously it’s important for a solicitor to be professional and flexible and I’ve found that they are, but I’ve always thought that it’s very important that they’re friendly and easy to deal with as well.
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Extremely professional, knowledgeable and honest advice. Relaxed and approachable service throughout in assisting Us to create our Will. We would highly recommend this Firm.
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Prenuptial, postnuptial and civil partnership agreements FAQs
Are these agreements legally binding?
In England and Wales, the agreements are not legally binding as the court retains the final say over financial arrangements on divorce or dissolution.
However, the courts increasingly recognise the importance of properly prepared nuptial agreements.
Provided certain conditions are met, the court is likely to give significant weight to the agreement.
When should a prenuptial agreement be signed?
Ideally, a prenuptial agreement should be finalised well before the wedding or civil partnership ceremony.
It is generally recommended that the agreement is signed at least 28 days before the marriage or civil partnership takes place.
This helps demonstrate that both parties had sufficient time to consider the terms and were not placed under pressure to sign.
Starting the process early also allows enough time for financial disclosure and independent legal advice.
Can a prenuptial agreement be challenged?
In some situations, a prenuptial agreement may be challenged.
This may happen if one party did not fully disclose their finances or if one party claims the agreement was signed under pressure.
The court may also look closely at an agreement if the terms are considered unfair or if circumstances have significantly changed since it was signed.
What can you include in a prenuptial or postnuptial agreement?
A prenuptial or postnuptial agreement can include provisions about:
- Division of property and assets if the marriage ends.
- Ownership of property brought into the marriage or acquired during it.
- Responsibility for debts.
- Financial support or maintenance between spouses.
- Protection of family businesses, inheritances or trusts.
- Arrangements for pensions and savings.
However, they generally cannot determine child arrangements (such as custody or child maintenance), as courts will decide them based on the child’s best interests.
Can you include pets in your agreement?
In England and Wales, pets are usually treated as property, so you can include them within your agreements.
In fact, they can have their own separate document called a petnup.
The agreement can state who will keep the pet if the relationship ends.
It can also set out arrangements for care or shared responsibility, including who will pay for veterinary costs, insurance or other pet-related expenses.
