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Whether you're entering into a marriage or a civil partnership, a pre-nuptial agreement is a proactive way to help protect your assets and clarify financial arrangements in the event of a later divorce or dissolution. Our experienced family law solicitors will work with you to create a fair, tailored agreement that ensures peace of mind for both parties.

What is a pre-nuptial agreement?

A pre-nuptial agreement (often referred to as a "pre-nup") is an agreement entered into by a couple before their marriage to establish how their assets will be divided in the event of a divorce or dissolution. Pre-nups are designed to protect both parties by providing clarity and preventing financial disputes should the relationship end.

Pre-nuptial agreements are commonly used by individuals with assets they wish to protect or ringfence, such as a business, second properties, or inheritance. They are also beneficial for couples entering into marriage later in life or those remarrying, helping to ensure a fair division of assets or ringfencing assets for children from a previous relationship.

What can a pre-nuptial agreement include?

A pre-nuptial agreement is a bespoke document drawn up to reflect your particular circumstances, so it can cover almost anything you need it to. There are however certain things that are usual to consider, including:

  • What will happen to property that either of you brought into the marriage.
  • What will happen to the family home.
  • What will happen to any property given to you or inherited during the marriage or any income or assets derived from Trusts.
  • What will happen to money held in joint accounts and any property purchased jointly.
  • What will happen to any personal belongings or possessions owned before your marriage or acquired during the marriage.
  • What will happen to any saved money earned during the marriage.
  • What will happen to your pensions.
  • What will happen with any debt.
  • Will you need to consider paying/receiving any maintenance.
  • What events may require the agreement to be reviewed.
  • What arrangements need to be made for any children, both in financial and in practical terms.

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Pre-nuptial agreement FAQs

Are pre-nuptial agreements legally binding in the UK?

In England and Wales, pre-nuptial agreements are not automatically legally binding, but they can influence the outcome of financial settlements in divorce proceedings. While the courts do not have to enforce a pre-nuptial agreement, they will give it considerable weight if it meets certain conditions, such as being entered into voluntarily, without any duress or pressure, and there has been full financial disclosure, and both parties have received independent legal advice prior to entering into the agreement. The terms must also be fair and reasonable. To give the agreement the best chance of being upheld, it should be drafted by an experienced solicitor to ensure it has been properly prepared.

Although not binding, a well-drafted pre-nuptial can provide significant guidance in divorce settlements.

How do I ensure my pre-nuptial agreement is enforceable?

To make a pre-nuptial agreement more likely to be upheld, it’s essential to ensure it meets certain legal standards and is fair to both parties. Here are the key factors that increase its likelihood of being enforced:

  • Independent legal advice. Both parties should obtain independent legal advice to fully understand the terms of the agreement and their rights before signing.
  • Full financial disclosure. There should be financial disclosure with both parties setting out their financial circumstances in full. This has generally been interpreted as both parties having sufficient information to make an informed decision on whether to enter into the agreement with a full understanding of its implications.
  • Fair and reasonable terms. The agreement must be fair to both parties, considering the financial needs of each partner and any children involved. Courts are more likely to uphold agreements that do not leave one partner in a disadvantaged position.
  • Entered into voluntarily. Neither party should feel pressurised by the other party to enter into the agreement, and both parties should feel that they are on an equal footing and are able to freely negotiate the terms of the post-nuptial agreement with one another.
  • No fraud or misrepresentation. It is important that there is no fraud or misrepresentation by a party in relation to the agreement.
  • Properly drafted and executed: The agreement should be clearly and professionally written, signed, and witnessed, following all of the correct legal formalities.
  • Regularly review: If circumstances change significantly (e.g. children, inheritance, business), updating the agreement.
How long before a wedding should a prenup be signed?

Ideally, a prenuptial agreement is signed at least 28 days before the wedding to ensure that it is legally valid and to allow both parties adequate time to consider the terms carefully. Signing it well in advance helps avoid any claims of pressure or coercion and ensures that both individuals have had the opportunity to seek independent legal advice. The more time given before the wedding, the more likely the prenup will be upheld if challenged later.

How long does a pre-nuptial agreement last?

A pre-nuptial agreement will be for the duration of the marriage and comes into effect in the event of divorce or dissolution. However, it is important that the agreement is regularly reviewed, especially when big life changes occur, such as the birth of a child or a significant change in financial circumstances.

Can you update your prenuptial agreement after your marriage?

You can update your pre-nuptial agreement after marriage by creating a post-nuptial agreement. This works in the same way as a pre-nup, but it is signed after the wedding, once married. Both parties must agree to any changes, and it’s important to seek independent legal advice prior to entering into any post-nuptial agreement.

How much does a prenuptial agreement cost?

The cost of a prenuptial agreement varies depending on the complexity of the agreement and the level of detail required. If the agreement involves more complex issues, such as dividing businesses, handling significant assets, or addressing complicated financial situations, the cost can be higher. Our team is always happy to speak with you to provide you with more detailed cost information specific to your situation. The benefits of investing the initial cost before entering the marriage is that a well-drafted prenuptial agreement can help protect your assets and prevent costly legal disputes in the future.

If you're considering a pre-nup, our expert solicitors can provide costs, clear guidance and ensure that the agreement is tailored to your specific needs, offering long-term protection for your financial interests.

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Why use our prenuptial agreement solicitors?

  • We pride ourselves on our outstanding level of service, and our entire family law team dedicate their time to understanding what the client needs and ensure they work effectively as a team to achieve those goals. We provide full support throughout the process, from asset evaluation to negotiation, ensuring that all aspects of your agreement are clearly defined and legally sound.
  • Our family law partner, Paul Linsell, is also a licensed mediator, skilled in facilitating tough conversations. This can help ease difficult discussions if they are needed, ensuring that both parties reach a mutually beneficial and positive outcome.
  • Boyes Turner is ranked as a leading law firm by the legal directories, Chambers UK, and The Legal 500 and has been for many years. When our clients require other services, we have other highly rated private client, estate planning and property solicitors too. 

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