A prenuptial agreement is a legal agreement made between two people prior to their marriage, typically at the point of engagement. It records how assets, income and liabilities should be dealt with in the event of separation or divorce.

Since the landmark Supreme Court case of Radmacher v Granatino (2010), the Courts in England and Wales have recognised that such agreements should generally be given effect, provided certain conditions are met. The Court confirmed that a nuptial agreement will generally be upheld where it has been freely entered into, both parties understand its implications and the outcome is fair. Although not automatically binding, a properly prepared agreement can carry decisive weight in financial proceedings.

A postnuptial agreement is very similar to a prenuptial agreement except for the fact that it is made after the marriage or civil partnership has taken place. As with a prenuptial agreement, we will be able to help the couple to divide their assets appropriately and even change ownership of property so that everything is agreed to in the event of a break up.

Our postnuptial agreement service is tailored to you and your circumstances and we will offer you straightforward advice designed to save you time, money and stress.

Our compassionate team can help you whether you are looking to create a new prenuptial or postnuptial agreement or need help with an existing one, ensuring you get the best service and advice at all times.

We strongly suggest that both parties seek independent legal advice and that a full and frank disclosure of financial assets takes place to ensure the prenuptial or postnuptial agreement is fair.

A prenuptial or postnuptial agreement doesn't have to be a daunting or depressing task, and can often help couples better understand exactly where they stand at the start of or during a marriage and in the event of divorce.

A common misunderstanding is that assets remain separate simply because they were owned before marriage or came from one side of the family. The Court has a wide discretion when determining financial outcomes on divorce.

Over time, assets can become part of the shared financial landscape of a marriage. Property may be lived in, funds may be combined, and intentions can become blurred. When that happens, what was once considered separate can be treated as matrimonial. Recent decisions such as the Standish v Standish (2024) case, the Court clarified assets argued to be non-matrimonial were found to have become shared through the way they had been used during the marriage.

A nuptial agreement allows couples to retain a degree of control and avoid that uncertainty.

It is not unusual for a couple to purchase a home together where one party contributes substantially more to the deposit. Even where that contribution is clearly understood at the outset, and even where the legal title reflects that position, the Court may still treat the property as shared if the relationship breaks down.

Without a nuptial agreement, the original intention is not determined. The focus instead shifts to fairness, which can lead to outcomes neither party anticipated.

For a nuptial agreement to be taken seriously by the Court, safeguards are expected to be put in place. Each party should enter into the agreement freely, with a full understanding of the other’s financial position and with the benefit of independent legal advice. Timing is also important, particularly in the case of prenuptial agreements, which should not be left until the last minute.

The underlying principle is fairness. An agreement that attempts to produce an obviously unjust outcome is unlikely to be upheld, regardless of how it is drafted.

We advise on nuptial agreements with a focus on clarity, practicality and long-term effectiveness. This includes identifying potential risks at an early stage, ensuring full and proper disclosure, and structuring agreements in a way that is both robust and fair.

Our aim is not only to protect assets, but to provide certainty and avoid the need for future dispute wherever possible.