Prenuptial and post-nuptial agreement solicitors

Prenuptial agreements are not only for 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.

Whether it is a family business, an inheritance or a property portfolio, a properly drafted agreement helps make sure those assets are protected. Knowing how your finances would be handled in the worst case can make a relationship stronger, not weaker.

Not automatically, in the way a contract would be. The court keeps its discretion in financial proceedings on divorce. However, since the landmark Supreme Court decision in Radmacher v Granatino [2010], the courts have given prenuptial agreements increasing weight, and they will generally uphold an agreement where the right conditions are met:

• You both enter into the agreement freely, without pressure or duress.
• You both have independent legal advice before signing.
• You have both made full and frank financial disclosure.
• The terms are fair and do not leave either of you in a position of undue hardship.
• The agreement is signed in good time before the wedding, ideally at least 28 days before.

A properly prepared agreement that meets these conditions is very likely to be upheld. An agreement is only as good as its drafting, so we make sure yours reflects your actual financial position and meets the legal requirements. We also make sure it is prepared with enough time before the wedding to avoid any suggestion of duress.

A post-nuptial agreement works in the same way as a prenuptial agreement, but it is made after the wedding. It can formalise what was agreed before the marriage, or deal with changes in your financial circumstances during it.

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

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: the court always keeps the ability to make orders in relation to children's financial needs.

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