Prenuptial Agreement Lawyer

What is a Prenuptial Agreement?

A couple planning to marry or enter a civil partnership may decide to sign an Agreement that shows what they intend to happen to their money and property, if their marriage or civil partnership were to end. The main purpose of a Prenuptial Agreement (PNA) is usually to protect separate assets, like assets owned and acquired before the parties married or started living together, inheritances, business interest, or family wealth.

Most people getting married for the second time will have a Prenuptial Agreement in place, but it is also growing in popularity amongst people marrying for the first time and those who have family wealth.

What can you include in a Prenuptial Agreement?

The assets contained in a Prenuptial Agreement are usually:

• Properties held in your sole name, joint names, or with a third party
• Savings held in bank accounts, ISAs, stocks and shares, etc
• Premium bonds
• Inheritance – either received now or anticipated inheritance
• Pensions
• Business interests
• Jewellery
• Income
• Trusts
• If there is a family pet, you can also include a provision for who should care for the pet in the event of your separation.

Are Prenuptial Agreements Legally Binding?

No, Prenuptial Agreements are not legally binding, but if they are prepared properly, they can carry significant weight.

The legal principles come from the decision of the Supreme Court in 2010 (Radmacher v Granatino) where the court said: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.’

Can I sign an Agreement after I’m married?

Yes, you can enter into a Postnuptial Agreement. This is a legal contract you both sign once married, outlining how your assets, debts, income and other assets will be divided upon later separation. It typically covers the same issues as a Prenuptial Agreement and holds the same legally binding status.

In addition, the required conditions of entering into a Prenuptial Agreement also apply to Postnuptial Agreements in that they must be entered into freely, with full financial disclosure, be fair and reasonable to each party, and both should take independent legal advice.

To give a Prenuptial or Post-Nuptial Agreement the best chance of being upheld by a Court, what do I need to consider?

• Neither party should feel that they have been pressured into entering into this Agreement. Both parties must do so voluntarily and of their own free will. There must be no undue influence or duress.
• Both parties should be independently advised by separate solicitors before entering into the Agreement.
• Both parties must disclose to the other their assets and liabilities and financial circumstances, generally. This means that both parties will have sufficient information to make an informed decision on to whether to enter into the Agreement with a full understanding of its implications.
• The Agreement is entered into some time before the marriage takes place. Many people say at least six weeks before the wedding is the minimum. Most agree that less than 28 days would be insufficient.
• Legal contractual requirements need to be followed – including a statement in the agreement that both parties intend to ‘create legal relations’ by entering into the agreement, and that the agreement is executed as ‘a deed’, which includes that it must be witnessed by an independent witness.
• The Agreement should be fair. To be fair, recognition will have to be given to changing the agreement as times goes by and this is why I would always advise that you include a review clause after five years and in certain events such as ill health or birth of a child etc.

How can we help you?

Our Prenuptial Agreement Solicitors know that you need your PNA to be finalised with as little stress as possible. The first thing we will do is meet with you and ask you to explain what has been agreed, and what remains to be agreed. We will then provide you with advice and decide with you the best way forward. As members of Resolution, our family lawyers will always encourage you and your partner to talk to each other, rather than ping pong letters between solicitors – this could be at a meeting with solicitors present or simply over the kitchen table one night.

Remember, this is a voluntary agreement, and you and your partner are in control. You always have the last say as to what will happen. Our experienced solicitors are here to advise and ensure you have all the information. Our lawyers will not write or say anything on your behalf without your authority.

Our family solicitors and lawyers are based across South London in our Crystal Palace, London Bridge, Battersea, and West Wickham offices. To learn more about our services or to book an appointment, call the team on 020 8771 5254 or fill in the contact form and request a callback.

We are not getting married but are living together. Can we put an Agreement in place?

Yes, you can enter into a Cohabitation Agreement. This is a legal contract between you both setting out how your finances, property, and other responsibilities will be dealt with both during the relationship, and in the event of a later separation.

Cohabitation Agreements should also be entered into freely, with full financial disclosure and each having independent legal advice in order to give them the best chance of being upheld in any future dispute.

About our Family Law team

Amphlett Lissimore’s Family team are specialists in Family Law. Many of our team hold individual accreditations such as the Law Society Family Law accreditation, and we have two family mediators in our firm. Amphlett Lissimore is also ranked the South’s Family/Matrimonial band 4 in the Chambers and Partners UK Guide. The firm has also been listed in the Legal 500’s UK Guide 2026, ranked in the South East’s Private Client: Family: Kent, Surrey, Sussex.