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Family Law

Pre Nuptial and Post Nuptial Agreements

Planning a wedding or civil partnership is an exciting time, but also provides an opportunity to plan for your financial future. A prenuptial agreement, which is also known as a prenup, allows you and your partner to agree how both your assets and finances will be dealt with should the marriage or civil partnership end in the future.

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What is a prenuptial agreement?

A prenuptial agreement is a legal agreement between two people who are planning to get married or enter a civil partnership.

It clearly sets out how any assets, property, and finances could be dealt with if the marriage/civil partnership breaks down and ends.

A prenup provides greater clarity about your financial arrangements and allows you and your partner to discuss what you both consider a fair agreement before getting married.

Prenup agreements can be particularly useful when one or both partners have significant assets, businesses, inheritance, or children from a previous relationship. It can also be useful if one partner has other financial interests they wish to protect.

While prenuptial agreements are not automatically legally binding in England and Wales, they can carry significant weight in court should the marriage break down.

What is a postnuptial agreement?

A postnuptial agreement is an agreement entered into after a couple are already married or have entered a civil partnership.

It can be used to set out how assets and finances could be dealt with if the relationship ends.

There are many reasons why couples consider getting a postnuptial agreement. This can include financial circumstances changing since marriage, receiving an inheritance or significant assets, starting or growing a business, or simply wanting greater clarity on your financial agreement. It is also common for couples who have ran of time to sort a prenup before their wedding or did not know about prenup’s until after they were married.

When should you consider a prenuptial agreement?

A prenuptial agreement may be appropriate if:

  • You own a home, stocks or shares, inheritance, or retirement funds.
  • You have children or grandchildren from a previous marriage or relationship.
  • There is a significant difference in wealth between you and your partner.
  • One of you will be supporting the other through higher education.
  • You are undertaking a qualification which could lead to a potentially lucrative career.
  • You have loved ones who require care.
  • You own a successful business or expect your business to grow in value.
  • You are a business owner.
  • You are remarrying.
  • You have significant assets or financial interests you want to discuss before marriage.

You do not have to be wealthy to consider a prenup. The right agreement will depend on your individual circumstances and what you want to achieve.

What are the benefits of a prenuptial agreement?

A prepared prenuptial can provide clarity and reassurance on a number of financial agreements such as:

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A pre-nup can help address family property and possessions that are intended to be passed down through generations.

If there are any children from previous relationships, a financial arrangement could be needed to take their future into account.

A pre-nup or post-nup can be useful when one or both parties have existing assets, children, or previous financial commitments.

Discussing your finances before marriage can help you and your partner understand your financial positions and agree on realistic expectations for the future.

Secure your future, together

A prenup is not about expecting your marriage to fail; it is about being prepared for all outcomes and protecting what matters to you, while also ensuring you both understand your financial position.

A postnuptial agreement, meanwhile, can provide similar clarity about financial arrangements for people who are already married or in a civil partnership.

Your next steps

At Davisons Law, our experienced family law solicitors can help you understand your options and prepare an agreement that reflects your individual circumstances.

If you are getting married, entering a civil partnership, or are already married and want greater clarity about your financial arrangements, our family law team can help.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help

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Pre Nuptial and Post Nuptial Agreements FAQs

A prenup, or prenuptial agreement, is an agreement between two people planning to marry or enter a civil partnership. It sets out how assets and finances could be dealt with if the relationship ends.

Prenuptial agreements are not automatically legally binding in England and Wales. However, a properly prepared agreement can carry significant weight if the relationship later breaks down.

The circumstances in which the agreement was entered into, financial disclosure, independent legal advice and fairness can all be important.

A prenuptial agreement should be signed at least 28 days before the wedding to avoid the appearance of coercion.

It is sensible to start the process well before this so both parties have enough time to consider the agreement and obtain independent legal advice.

If you are already married, you can consider a postnuptial agreement.

A postnuptial agreement can provide clarity about how assets and finances could be dealt with if the marriage later breaks down.

Both parties should receive independent legal advice before entering into a prenuptial agreement.

This ensures that each person understands the agreement and its implications.

A prenuptial agreement can address assets such as inheritance and family property.

The circumstances of each couple are different, so specialist legal advice is important when deciding what should be included.

If you own a business, a prenuptial or postnuptial agreement may be relevant to your financial planning.

Our family law solicitors can discuss your circumstances and advise you on the issues that should be considered.

You do not need to be wealthy to consider a prenuptial agreement.

You may have a home, savings, investments, inheritance, pension or retirement funds, a business, children from a previous relationship or other financial interests that you want to address.

A prenuptial agreement should be entered into freely. If you and your partner are considering a prenup, obtaining independent legal advice can help both of you understand your options and the issues involved.

Our experienced family law solicitors can advise you about your circumstances, explain your options and prepare a prenuptial or postnuptial agreement that reflects your financial position and intentions.

We offer a free initial assessment with no obligation.