Prenuptial and Postnuptial Agreements. What every couple should know

What is a Prenuptial Agreement?

A prenuptial agreement or “prenup” is a formal, written contract between two people that sets out what will happen upon the breakdown of your marriage or civil partnership. It determines how assets, property, and finances will be divided if the relationship ends. The key financial clauses usually cover asset division, debt protection, spousal maintenance, and business interests.

It’s not just about dividing the money, other potential clauses include: child arrangements, inheritance and gifts, personal belongings and even pets.

More couples than ever are choosing a prenup simply because they value clarity and want to start married life on a firm footing.

Prenuptial Agreements Explained

Aren’t Prenups for the Rich and Famous?

More recently, prenups have become ever more widespread among couples in the UK. Once viewed as exclusively for the wealthy, prenups are now being seen by many as a practical step in financial planning, offering clarity and protection should their marriage or civil partnership break down. The increase in popularity of prenups is due to greater awareness of economic security, varied financial backgrounds of partners, and the complex nature of modern relationships. Whilst we all hope that divorce doesn’t happen, it is important to be prepared if it does. Booking your florist is planning for your big day, but a well-drafted prenup is planning for your future.

Are Prenuptial Agreements legally binding in England and Wales?

Whilst prenups are not automatically legally binding in England and Wales, the landmark case of Radmacher v Granatino [2010] changed how the Courts view prenups and transformed their legal standing. The Supreme Court ruled that a properly prepared prenup should be given weight by the Courts, and that the Court could give effect to an agreement even when the result of the agreement might be different to what the Court would decide, so long as the agreement was entered into freely, with a full understanding of its implications, and without undue pressure for the perceived weaker party to sign.

For a pre-nuptial agreement to be prepared properly in accordance with Radmacher [2010], the following requirements should be met:

• Both parties should have taken independent legal advice.

• There must be full financial disclosure by both sides.

• The agreement should be signed well in advance of the wedding (a minimum of 28 days prior)

• The terms must be fair and reasonable, reflecting each party’s circumstances.

The Court will always look at the backgrounds of the parties, including their ages, marital history, children from previous relationships and the current one, and so on. Background will affect what is considered fair within the agreement, with emphasis on providing a stable family life for any children of the marriage.

Why does a Prenuptial Agreement matter?

Couples choose to enter into prenups for various reasons, including protecting family wealth, securing children’s inheritance, safeguarding business interests, or simply to agree on financial arrangements clearly and amicably. Whilst there are costs involved in seeking legal advice and executing a properly drafted prenup, they can save significant time and costs in the case of a divorce further down the line. Far from being unromantic, a prenup can provide peace of mind and transparency for both partners. A prenup can be crucial to protect stepchildren in the event of separation and divorce, ensuring the pre-marriage wealth remains the parents’ wealth for that parent to pass to their children should they so wish.

When is a Prenuptial Agreement particularly useful?

A prenuptial agreement is worth considering if you or your partner:

• Own property you want to protect

• Have a business interest or significant savings

• Expect to receive an inheritance or family wealth

• Are entering into a second marriage, particularly with children from a previous relationship

• Have made unequal contributions to property purchase

• Simply want financial clarity before you marry.

When should I book my Prenup advice appointment?

Given the legal and emotional significance of such agreements, it is crucial to seek specialist legal advice. We acknowledge that there are pressures when arranging your big day and lots of couples may not have time to think about a prenup 28 days before a wedding, this is why we suggest seeking legal advice early and booking an appointment for your prenup advice before you have booked your florist, as this will alleviate last minute pressures and ensure one more thing is ticked of your wedding to-do list.

What is a Post Nuptial Agreement?

A post-nuptial agreement is a legal agreement made between individuals who are already married. The agreement usually sets out how the couple wish their assets to be divided between them if they later separate or divorce. Some post-nuptial agreements also detail how the couple currently arrange their finances and how this will continue or change during the marriage.

What are the benefits of having a Pre or Post Nuptial Agreement?

Essentially the objectives of pre nuptial agreements and post nuptial agreements are the same:

Clarification. To clarify how the parties will conduct their financial affairs during the marriage, to enable the couple (especially the financially weaker party) to have transparency at the start of the marriage. This may also assist the financially weaker party to feel financially secure within the marriage.

Certainty. To provide certainty for couples who wish to formally agree how their assets should be divided if they later separate or divorce.

Protection. To protect assets (such as inherited wealth or pre-marital property) from a later financial claim.

To limit scope for uncertain, emotionally draining and financially costly Court proceedings in the event of the future breakdown of the marriage.

Providing clarity and certainty and protecting particular categories of assets are significant advantages of nuptial agreements.

How Forbes Solicitors can support you

Planning your wedding should be exciting, not stressful. Our specialist Family Law team can guide you through every stage of creating a Prenuptial Agreement, ensuring it reflects your wishes and provides lasting peace of mind. We offer clear, practical advice tailored to your circumstances, so you can focus on your big day knowing your future is protected. Consultations are available by telephone, video call, or in person at any of our offices. To discuss your situation and book your Prenup advice appointment, please contact us on 0800 689 1058.

To find out more about prenuptial agreements click here.