A prenuptial agreement, sometimes called a prenup, is a written contract entered into before marriage or civil partnership. It sets out how assets, money, and property will be owned during the relationship, and what happens to them if the marriage or civil partnership ends. In England and Wales, a prenup can cover a wide range of financial matters, from the family home and savings to business interests and inherited wealth.
While it may feel like an unusual step ahead of a wedding, it is increasingly common – and for many couples, it offers a straightforward way to protect what they each bring to the marriage. A well-drafted prenup brings clarity, reduces uncertainty, and means both of you know exactly where you stand, whatever the future holds.
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How much does prenup cost?
The cost of a prenup depends the complexity of your particular case and the legal advice you require. For an estimate of the cost of the legal advice for your prenup, contact our UK family lawyers today.
Can I write my own prenup in the UK?
Prenups are only accepted by the court if they have been drafted by a solicitor. They must follow specific criteria including that there has been full financial disclosure, and the agreement is ultimately fair to both parties. Therefore, to have any chance of being considered by the court, a prenup must be drafted by a solicitor after both you and your partner receive independent legal advice.
What does a prenup include?
A prenuptial agreement (prenup) sets out how you and your partner wish to divide your assets before you enter a marriage or civil partnership. It records who currently owns what assets, and what should happen to them in the event of the breakdown of the relationship. A prenuptial agreement must be fair and freely entered into by both parties.
Can prenups cover child related matters?
Prenuptial agreements in England and Wales cannot cover any matters relating to child support, custody, or lifestyle factors. These matters are dealt with separately upon relationship breakdown or divorce, and the welfare of the children takes priority. However, should you financial matters change due to the birth of a child, your prenup should be amended to reflect this. If you’re going through a divorce that involves children, speak to one of our UK divorce lawyers for support on your next steps.
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A financial settlement determines how a couple’s money, property, pensions, and assets are divided when a marriage ends. Made legally binding through a consent order, it formally closes financial ties between you, and without one, claims can remain open long after divorce is finalised. The decisions made at this stage have real, lasting consequences. It’s not always easy to know where to start, or what a fair outcome looks like. Our solicitors can help you understand what you’re entitled to and work toward a settlement that holds up over time.
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When finances are complex – like when they include business valuations, pension arrangements, or income that’s hard to verify – a divorce accountant provides independent financial analysis that carries real weight in proceedings. Their work sits alongside the legal process, not within it: They deal in figures and valuations, while your solicitor handles strategy. The two working together often leads to clearer outcomes and fewer delays. If you’re unsure whether specialist financial input is right for your situation, our lawyers can help you work that out early.
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A postnuptial agreement is signed after the wedding, setting out how assets would be divided if the marriage were to end. In England and Wales, courts aren’t automatically bound by them, but a carefully drafted agreement carries genuine weight and can shape the outcome significantly. For many couples, it’s less about anticipating failure and more about building a foundation of clarity. Our lawyers can prepare an agreement that reflects both of your circumstances.
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When a couple has connections to more than one country – through nationality, where they live, or assets held abroad – deciding where to divorce is rarely straightforward, and the consequences of getting it wrong can be significant. Different countries apply different rules, and in England and Wales, the jurisdiction you choose can influence the financial outcome as much as the circumstances themselves. For many people, that’s an unexpected layer of complexity to face. Our solicitors can help you understand where proceedings should begin and manage the cross-border aspects carefully from there.
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Mediation gives separating couples a structured way to reach their own agreements (on finances, property, or arrangements for children) with a trained, neutral mediator guiding the process rather than a court deciding the outcome. In England and Wales, it’s often quicker and less costly than litigation, and agreements reached can be made legally binding. It tends to work best when both people arrive with a clear sense of what matters most to them, but that’s not always easy to establish alone. Our solicitors can help you prepare, so you go into those conversations informed and grounded.
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Cohabiting couples in England and Wales have significantly fewer legal protections than married ones, and the common belief in ‘common-law marriage’ has no basis in law. If a relationship ends, rights over shared property aren’t automatic, even after many years of building a life together. That can come as a real shock, particularly when the relationship has felt as settled as any marriage. Our lawyers can help you understand where you stand, put the right protections in place before difficulties arise, and provide clear guidance if things have already become complicated.
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Divorce formally ends a marriage in England and Wales through a defined legal process. Since the Divorce, Dissolution and Separation Act 2020, neither person needs to prove wrongdoing or assign blame – the focus is on the process itself, not the reasons behind it. From the initial application through to the final order, proceedings typically run alongside decisions about finances and children. For many people, reaching this point has taken time. Whatever brought you here, our solicitors can walk you through what to expect and help you move forward with clarity.
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When a divorce involves significant wealth (businesses, investment portfolios, trusts, or property across more than one country) the legal and financial complexity can be considerable. In England and Wales, these cases often call for specialist valuers, forensic accountants, and careful attention to disclosure before any division can be agreed. Getting the detail right matters, and so does handling it discreetly. If you’re facing this kind of situation, you’re likely aware of how much is at stake. Our solicitors and in-house forensic accounting team bring the experience and precision these cases require, working to protect your position at every stage.
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Also known as a ‘prenup’, prenuptial agreements are written contracts that can be entered into by a couple before marriage or a civil union. Offering a certain level of protection, a prenuptial agreement sets out the ownership of belongings (money, assets and property) and what will happen to them if a couple enters into a divorce or civil partnership dissolution.
Though they’re typically associated with the super-wealthy or those in the US, prenuptial agreements are becoming more widely considered in the UK. The cost of living and other financial pressures are prompting more couples to consider the practicalities of marriage, including the finances involved.
Unlike in some states in the US, prenups are not legally binding in England and Wales. Having said this, they are given significant weight by family courts when decisions are being made about a couple’s finances. However, these have to be drafted by a legal expert, such as a prenuptial agreement lawyer.
Depending on your circumstances, creating a prenuptial agreement might feel overwhelming or stressful as there is a lot that needs to be considered. That’s where our prenuptial agreement solicitors can help.
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The practical benefits of a prenuptial agreement extend well beyond financial protection. For many couples, the process of drafting one brings about a useful, honest conversation about money – one that many partnerships never otherwise have. For many couples, this level of transparency, often early in the planning of a marriage, builds trust rather than undermining it.
A prenuptial agreement can cover a broad range of financial matters. Its scope is largely determined by what you and your partner agree to. Although certain things, such as arrangements for children, fall outside its reach and are dealt with separately by the courts.
It is worth thinking carefully about what matters most to you both. If one of you owns a property, has a stake in a business, or expects to receive an inheritance, a prenup can make clear how those assets should be treated, rather than leaving it to a court to decide later.
Common provisions include:
A prenuptial agreement can cover a broad range of financial matters. Its scope is largely determined by what you and your partner agree to. Although certain things, such as arrangements for children, fall outside its reach and are dealt with separately by the courts.
It is worth thinking carefully about what matters most to you both. If one of you owns a property, has a stake in a business, or expects to receive an inheritance, a prenup can make clear how those assets should be treated, rather than leaving it to a court to decide later.
Common provisions include:
The family home, second properties, rental income, and any property acquired before or during the marriage
Bank accounts, shares, ISAs, and other investment vehicles
How pension entitlements will be treated in the event of divorce
Ownership stakes, shares in private companies, and professional practices
Assets already received or expected from family members, including future gifts
How existing liabilities will be allocated if the relationship ends
Income or assets anticipated to arise during the course of the marriage
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For a prenuptial agreement to carry significant weight with a court in England and Wales, certain conditions should be met at the time of signing. These are not statutory requirements under current law, but they reflect the criteria courts consider when assessing whether to uphold an agreement.
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Prenuptial agreements are not automatically legally binding under the law of England and Wales. However, following the landmark Supreme Court ruling in Radmacher v Granatino [2010] UKSC 42, courts are required to give ‘decisive weight’ to a prenuptial agreement where the criteria for a valid agreement are satisfied, and it would not be unfair to hold the parties to it.
This means a carefully drafted prenuptial agreement, supported by independent legal advice, full financial disclosure, and adequate time before the ceremony, stands a strong chance of being upheld by the courts. Agreements that lack these elements may be given reduced weight or disregarded entirely
Working with a specialist prenuptial agreement solicitor gives you the best chance of ensuring your agreement will be respected by the courts. Your lawyer can advise on structuring the agreement fairly, ensure the drafting meets the required standard, and guide both parties through the disclosure process in a way that protects the integrity of the document.
Nuptial agreements are increasingly common and no longer the preserve of celebrities and the super wealthy. They are particularly useful where one spouse has received or is likely to receive significant family gifts or inheritance, or where one of the couple is bringing assets into the marriage, perhaps those that they wish to pass on to their children in the future.
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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.
For a prenuptial agreement to be upheld in English or Welsh family court, it must meet the following criteria:
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.
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.
Read more on petnups, prenups and postnups.
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.
Read our guide on cohabitation agreements.
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