A pre-nuptial agreement is a legal agreement entered into prior to a marriage or civil partnership. The agreement will detail who owns what at the time of marriage and also how the couple intend that those assets should be divided in the event of divorce or separation.
Technically speaking these types of agreement are not legally binding in this country; however, following the landmark Supreme Court case of Radmacher v Granatino, the Court will now give great weight to these agreements and uphold the terms agreed except in rare cases. Such cases might be where either the agreement was not entered into freely by either party, that either party did not have a full understanding of the implications of the agreement at the time of signing it or if it would be essentially unfair to uphold the agreement. These agreements cannot override the Matrimonial Causes Act 1973.
If you are considering entering into a pre-nuptial or post-nuptial agreement then you should take the following steps to ensure the best chance of it being upheld at some point in the future:
Below are answers to some of the key questions we are often asked about nuptial agreements. To discuss your circumstances in confidence, please do not hesitate to contact us online or by calling 02380 713060.
A pre-nuptial agreement is a formal document signed before marriage or civil partnership. It outlines how to manage assets, income, property, and financial duties if the relationship ends.
While these agreements aren’t automatically binding in England and Wales, courts can still attach a lot of weight to them. For example, if both parties entered into it freely, with full financial disclosure and independent legal advice. These agreements are often used to protect family wealth and business interests. They can also help clarify situations in second marriages and civil partnerships.
To explore whether a pre-nuptial agreement is right for you, visit our Pre & Post-Nuptial Agreements page.
A post-nuptial agreement works like a pre-nuptial agreement, but it’s signed after you get married or enter a civil partnership. It can reflect changes such as receiving an inheritance, starting a business, or changing family dynamics.
Like pre-nuptial agreements, post-nuptial agreements are not binding by default. However, they may be upheld if they meet the standards of fairness and transparency. The case of Radmacher v Granatino (UKSC 2010) confirmed that courts will recognise agreements if:
Our solicitors can guide you through both the legal and personal aspects of the process. To learn more, please see our services in Family Law and Non-Court Dispute Resolution (NCDR).
Neither type is automatically binding under UK legislation. However, courts frequently uphold carefully drafted agreements that meet specific standards of fairness.
The Law Commission’s 2014 report on Matrimonial Property, Needs and Agreements sets out that a nuptial agreement is more likely to be upheld if:
Again, there is no formal legislation yet. However, nuptial agreements are becoming increasingly important in divorce and financial settlements.
Post-nuptial agreements are often used to formalise arrangements in response to life changes, such as:
They can reduce uncertainty, avoid disputes, and preserve assets for future generations. For guidance, see our services in Resolution, Mediation, or Separation.
Nuptial agreements are not only for high-net-worth individuals. They are appropriate for anyone seeking clarity over their financial future. Such agreements are especially apt when one party has more assets or dependents from a previous relationship.
You may wish to consider one if:
Our solicitors support clients at all stages of life. For related advice, explore our services for Unmarried Couples, Business Assets, or Surrogacy Law.
A nuptial agreement remains valid unless replaced, updated, or revoked. However, it is best practice to review the agreement if circumstances change, such as:
We recommend periodic reviews to ensure relevance. For cross-border matters, our International Divorce team can advise on jurisdictional considerations.
Every agreement is tailored, but most cover the following:
Courts decide children’s arrangements based on their best interests during separation. That said, parties can still add non-binding intentions to the agreement. However, such clauses will not limit the court’s discretion. See our services for Child Arrangements and Child Abduction & Moving Abroad with Children for more support.
Courts may set aside an agreement if:
Our solicitors will ensure your agreement meets legal and ethical standards. If you think you were pressured into signing, we can help. Our Domestic Abuse & Protection and Annulment services offer confidential advice.
No. Requesting a pre-nuptial agreement is not unreasonable. Many couples view it as a proactive and respectful step. This is especially true if there are business ties, children from a previous relationship, or a large financial imbalance.
We understand that such conversations can feel uncomfortable. Our role is to support you with clarity, discretion, and care.
If you are unsure how to bring up the topic or worry about your partner’s response, our Mediation and Resolution services can help.
A pre-nuptial agreement is not a red flag. It does not indicate a lack of trust or intent to separate. In many cases, it reflects a desire for transparency, especially where either party has significant or complex assets.
Discussing such agreements early can:
If you would like to discuss this in a neutral setting, our solicitors can assist you with our NCDR or Mediation services.
Nuptial agreements made outside England and Wales may not always comply with local legal requirements. Courts can review foreign nuptial agreements, but these are not automatically enforced by English law.
To be enforceable, these agreements must adhere to the same fairness and procedural standards as those used in England and Wales.
If you now live in the UK or expect proceedings to take place here, you may need to revise or supplement the agreement. In some situations, it is suitable to create a post-nuptial agreement in the UK or to have matching contracts in other jurisdictions.
For cross-border support, explore our International Divorce services.
While not legally required, nuptial agreements should be drafted by a qualified solicitor. Each party must receive independent legal advice, and both must provide full disclosure of assets. Following this course of action maximises the likelihood of the agreement being upheld.
At Sousa Law, our Family Law team provides tailored advice to ensure agreements are fair, thorough, and likely to be upheld in the event of a challenge. We also advise on Non-Court Dispute Resolution where a collaborative practice is preferred.
The cost depends on the complexity, required negotiation, and types of assets involved. Agreements involving business assets, trusts, or international property typically require more time.
At Sousa Law, we provide a precise estimate from the outset to manage costs while maintaining goodwill. Where appropriate, we may recommend Arbitration, Resolution, or collaborative practices.
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