Can a post-nuptial agreement be entered into at any time?

Yes. Post-nuptial agreements can be entered into at any point after marriage or civil partnership registration. They are particularly common where financial circumstances change significantly during the marriage.

What can a prenuptial agreement cover?

A prenuptial agreement can cover property owned before the marriage, assets inherited or expected to be inherited, business interests, savings, investments, and debts. It cannot override child maintenance arrangements, as the court always retains the ability to make orders in relation to children's financial needs.

Prenuptial & Post-Nuptial Agreement Solicitors | Staffordshire

Prenuptial & Post-Nuptial Agreement Hero

Protecting your assets before and after marriage

Prenuptial agreements are not the exclusive territory of the very wealthy. They are increasingly used by couples who want to protect assets brought into a marriage, such as property or a business, or assets they expect to receive during the marriage, such as an inheritance.

While prenuptial agreements are not strictly legally binding in England and Wales, the courts have given them increasing weight following the landmark Supreme Court decision in Radmacher v Granatino [2010].

A properly prepared agreement, entered into freely by both parties with independent legal advice and full financial disclosure, and which is deemed to be fair, is very likely to be upheld.

Post-nuptial agreements work in the same way but are entered into after the wedding. They can be used to formalise what was agreed before marriage, or to address changes in financial circumstances during it.

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What we can help with

Prenuptial agreements, protecting assets before you marry

Post-nuptial agreements, agreed after the wedding

Pre-partnership agreements for civil partners

Protecting business interests from divorce claims

Ring-fencing inheritance and family money

Protecting property and investment portfolios

Independent legal advice on the other party's draft agreement

Review and update of existing agreements

How to get a prenuptial agreement in place

Start early, ideally 3 to 6 months before the wedding

Agreements signed less than 28 days prior to the ceremony raise questions about duress and are less likely to be upheld. Starting the process early gives both parties time to take independent advice, negotiate fairly, and sign in good time before the wedding day.

Initial consultation

We discuss what you want to protect and advise on what the agreement should cover given your specific financial situation.

Full financial disclosure

Both parties disclose all assets, income, debts, and financial interests. Full disclosure is a requirement for the agreement to carry weight.

Drafting and review

We prepare the agreement. Your partner takes independent legal advice from their own solicitor before signing.

Sign and complete

Both parties sign the agreement, ideally at least 28 days before the wedding. We keep a copy on file for your records.

Are prenuptial agreements legally enforceable?

They are not automatically binding in the same way a contract would be. The court retains discretion in financial proceedings on divorce. However, since Radmacher v Granatino, the courts will generally uphold a prenuptial agreement where the right conditions are met.

Key things you should know

Both parties should enter into the agreement freely, without pressure or duress.
Both parties have independent legal advice before signing.
Both parties have made full and frank financial disclosure.
The terms are fair and should not leave either party in a position of undue hardship.
The agreement should be signed in good time before the wedding, ideally at least 28 days prior.

Why choose Ansons for prenuptial and post-nuptial agreements

Protecting what you have built

Whether it is a family business, an inheritance, or a property portfolio, a properly drafted agreement helps ensure those assets are protected.

Reducing uncertainty

Knowing how finances would be handled in the worst case can actually make a relationship stronger, not weaker.

Expert drafting

An agreement is only as good as the drafting. We make sure it reflects your actual financial position and meets the legal requirements.

Reviewing someone else's draft

If your partner's solicitor has drafted an agreement and you need independent advice on it, we can review it thoroughly.

Pre-partnership agreements

The same protections are available to civil partners via pre-partnership and post-partnership agreements.

Timing and process

We make sure the agreement is prepared with enough time before the wedding to avoid any suggestion of duress.

Frequently asked questions

If you are unsure where to start, the FAQs below cover the questions we hear most often. Our Family Law team is on hand if you want to talk through anything specific.

Simply give us a call on 0121 716 3716

Are prenuptial agreements legally binding in England and Wales?

They are not automatically binding in the same way a commercial contract would be. However, since the Supreme Court's decision in Radmacher v Granatino [2010], a prenuptial agreement that meets key criteria, including free consent, independent legal advice, full financial disclosure, and fair terms, is very likely to be upheld.

How far in advance should a prenup be signed?

There is no hard rule, but at least 28 days before the wedding is the general guidance and ideally longer. Signing shortly before the wedding increases the risk that a court would view it as signed under pressure. We recommend starting the process at least 3 months before the wedding date.

Does my partner need their own solicitor?

Yes. For a prenuptial agreement to carry weight, both parties must have received independent legal advice. We can prepare the agreement for you and recommend solicitors your partner can consult independently.

Your Family Law Experts

Our Family Law team is here for people, not just cases. Approachable, compassionate, and focused on securing the best possible outcomes for you and your loved ones. Combining specialist expertise with clear, practical advice, they guide you through life's most challenging moments with sensitivity, integrity, and unwavering professionalism.

Joanne Vernon

LL.B. (Hons)

Associate Director, Head of Family Law

Sara Anderson

LL.B. (Hons)

Associate Director

Maisie Watts

LL.B. (Hons), LL.M.

Solicitor

Aisha Quereshi

LLB (Hons)

Solicitor

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Serving clients across Staffordshire and the West Midlands

Ansons has offices in Lichfield, Cannock, Sutton Coldfield and Dudley. All four cover family law. Choose an office below for local contact details, or read more about our family law service in each town.

Our head office is at St Mary's Chambers on Breadmarket Street, in the centre of the city. We advise clients across Lichfield, Burntwood, Shenstone, Alrewas and Fradley.

Family law solicitors in Lichfield

St Mary's Chambers,
5-7 Breadmarket Street, Lichfield, Staffordshire, WS13 6LQ

T: 01543 263 456
E: info@ansons.law

Commerce House is on Ridings Park, just off Eastern Way, with free parking on site. We advise clients across Cannock, Hednesford, Heath Hayes, Norton Canes and Rugeley.

Family law solicitors in Cannock

Commerce House, Ridings Park, Eastern Way, Cannock, Staffordshire, WS11 7FJ

T: 01543 466 660
E: info@ansons.law

Our office is on Lichfield Road at Mere Green, within reach of Four Oaks, Little Aston, Streetly, Boldmere and the north Birmingham suburbs. Appointments in person or by video.

Family law solicitors in Sutton Coldfield

316-318 Lichfield Road, Mere Green, Sutton Coldfield, West Midlands, B74 2UG

T: 0121 716 3716
E: info@ansons.law

Castle Court is on Castlegate Way, just off the ring road. We advise clients across Dudley, Netherton, Sedgley, Brierley Hill, Kingswinford, Halesowen and Stourbridge.

Family law solicitors in Dudley

Unit 10, Castle Court 2, Castlegate Way, Dudley, DY1 4RH

T: 0121 550 0010
E: info@ansons.law