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Why would you need a prenuptial agreement?

Prenuptial agreements are viewed as a form of wealth protection. They allow you to move on with your rightful assets still intact after going through a divorce. You can include several types of wealth in a prenup.

What can be included in a prenuptial agreement?

A prenuptial agreement provides a clear consensus and offers a level of protection for the following:

  • Any inheritance or future inheritance, both money and assets
  • Assets and/or property that would be very hard to split 50/50
  • Any children from a previous relationship to ensure certain assets are reserved for them and protect their inheritance rights – it is also crucial to make a Will
  • A business to retain control of
  • Any outstanding debt incurred by one side
  • By working with an experienced prenuptial agreement solicitor, you can be confident that all bases will be covered, taking a significant amount of stress out of the process.



Why choose Stowe Family Law for your prenuptial agreement?

  • We’re the only national law firm dedicated to family matters and our specialised team of lawyers means that we’re well-placed to assist you with your prenuptial agreement.
  • We will always handle your case empathetically and with plenty of support.
  • Our prenup lawyers will keep you in the loop as the process progresses to reduce any stress you may be feeling about the situation.
  • We are authorised and regulated by the Solicitors Regulation Authority (SRA) and listed amongst The Legal 500
  • We’re proud to have been shortlisted for national awards and been named Family Law Firm of the Year by the
  • You can read hundreds of reviews from past clients and see why we are rated ‘Excellent’ on Trustpilot.
  • We have helpful guides to shed light on all kinds of family law queries.

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Prenuptial agreement FAQs


Prenuptial agreement FAQs


  • Are prenuptial agreements legally binding?

    Currently, prenuptial agreements in England and Wales aren’t legally binding. However, assuming one meets the qualifying criteria set by the Supreme Court, it will likely be upheld by the Family Court.
    Prenuptial agreements will be considered on a case-by-case basis. A ruling in 2010 by the Supreme Court stated that the courts should take heed of a prenuptial agreement that is freely entered into by each party. In other words, the courts have more of a say in whether the prenup is upheld, taking into account whether it is a fair agreement.

  • Why do I need a prenuptial agreement solicitor?

    Working with prenup solicitors will mean your agreement can be upheld in court, assuming all other qualifying criteria are met.
    You and your partner need to seek separate, independent legal advice before entering into a prenuptial agreement. This is so that you have a clear understanding of what you are committing to, as well as the consequences. It also helps to eliminate the risk of someone being unfairly influenced into signing a prenup.
    Not only this, but prenuptial agreement lawyers are there to support you through what can often be a stressful process. Your lawyer will have plenty of experience in this area and will have a good understanding of what you’re going through. We take pride in providing a professional yet empathetic approach.

  • How can I increase the chances of a prenuptial agreement being upheld in court?

    For a prenuptial agreement to be upheld in English or Welsh family court, it must meet the following criteria:

    • Both parties must have obtained independent legal advice
    • Both parties must have given complete financial disclosure
    • The agreement must be signed at least 21 days before the wedding
    • The agreement must be reasonable and fair
    • The agreement must beup to date
    • The agreement must be drafted by a family lawyer, such as a specialist prenuptial agreementsolicitor
  • What about prenuptial agreements in Scotland?

    In Scotland, valid prenups are usually enforceable and legally binding, although this is subject to conditions. For example, neither party should feel pressured into signing the agreement.

  • How are prenuptial agreements different from postnuptial agreements?

    Postnuptial agreements work similarly to prenuptial agreements, except they’re used by couples who are already married. It can help to define how assets should be split up if the marriage ends in a divorce.

    They’re less common than prenuptial agreements but can be useful if one person in the marriage receives a large sum of money, such as an inheritance. Some couples also seek one if their family and assets are growing and they’d like legal protection.

    The same rules apply, where each couple should seek legal advice and a family lawyer should draw up the agreement.

  • What are petnups?

    If you and a couple share a pet together, you may want to consider a ‘petnup’. It’s drawn up similarly to a prenuptial agreement and is used to outline who owns the pet if the relationship ends. It covers the ownership, custody, maintenance and more.
    These details can also be added as clauses in a prenup or postnup agreement instead of creating a separate petnup.
    Many people view pets as family members, which makes things tricky when a couple decides to separate. Seeking help from a family lawyer will help make this prospect less stressful for everyone involved, including your pet.

  • When might a cohabitation agreement be more suitable than a prenuptial agreement?

    For some couples looking to protect their wealth and assets, a cohabitation agreement might be more suitable. Cohabiting couples don’t have the same legal rights as married couples. You can only claim financial arrangements for children and property ownership.
    A cohabitation agreement can offer more protection by stating how existing assets are owned across the partnership. This can be useful if there are any unequal contributions in an owned property for example.
    There is little official guidance on cohabitation agreements, especially compared to prenuptial agreements. Seeking help from a family lawyer will mean you receive sound legal advice on the matter, making your agreement more likely to be upheld in court if there are any disputes.
    You can read our helpful cohabitation resources to learn more.


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