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Expert advice from our prenuptial agreement lawyers

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.

We’re the UK’s biggest specialist family law firm, with more than 90 offices across England and Wales, including London, Manchester, Leeds, Birmingham, Sheffield, Bristol, Cardiff, and beyond. Named a Leading Firm by Legal 500 and Chambers & Partners 2026, and listed in The Times Best Law Firms in 2026, our solicitors understand that this is more than a legal document – it’s a personal one.

We’re here to help you approach it with care, confidence, and complete clarity. We’re rated Excellent on Trustpilot, members of Resolution, and fully regulated by the Solicitors Regulation Authority (SRA), so you can be confident you’re in expert hands.

Key Prenup Information

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. 

See more answers to common questions

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How to get a prenuptial agreement

What is a prenuptial agreement?

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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What are the benefits of a prenuptial agreement?

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.

  • Clarity for both parties: Each person understands exactly where they stand financially, from the outset of the marriage
  • Protection of pre-marital and inherited assets: Wealth that existed before the marriage, or that was received as a gift or inheritance, can be clearly identified and protected
  • Reduced conflict on separation: Having agreed terms in place means there is less scope for disputes about financial division, which can significantly reduce legal costs and emotional stress
  • Business continuity: For business owners, a prenup can protect against a situation where a divorce forces the sale or restructuring of a company
  • Certainty for children from previous relationships: Parents entering a second marriage can use a prenup to clarify which assets are intended for their children

What can be included in a prenuptial agreement?

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:

What can be included in a prenuptial agreement?

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:

  • Property

    The family home, second properties, rental income, and any property acquired before or during the marriage

  • Savings and investments

    Bank accounts, shares, ISAs, and other investment vehicles

  • Pensions

    How pension entitlements will be treated in the event of divorce

  • Business assets

    Ownership stakes, shares in private companies, and professional practices

  • Inheritance

    Assets already received or expected from family members, including future gifts

  • Debts

    How existing liabilities will be allocated if the relationship ends

  • Future assets

    Income or assets anticipated to arise during the course of the marriage

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What is needed for a prenuptial agreement?

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.

  • Independent legal advice: Both parties should take independent legal advice from separate solicitors before signing. This confirms that each person understood the terms of the agreement and entered into it freely
  • Full financial disclosure: Each party must provide a complete and honest account of their financial position (assets, liabilities, income, and pension entitlements) before the agreement is signed
  • Sufficient time before the wedding: The agreement should be signed at least 21 days before the marriage. Signing very close to the wedding date may raise questions about whether either party felt pressured into agreeing
  • Fairness: The agreement must be fair to both parties at the time it is signed. An agreement that leaves one person in an unreasonable position is unlikely to be upheld
  • Proper drafting: The agreement should be prepared by a qualified family law solicitor, clearly written, and executed as a deed
How to: Reviewing your financial discloure Download the guide

How to make a prenuptial agreement legally binding 

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.

Why choose Stowe Family Law?

  • As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.

  • We are proud to be rated ‘Excellent’ on Trustpilot. Check out our reviews to see what our previous clients have said about our service.

  • We feature in The Legal 500 rankings and are fully authorised and regulated by the Solicitors Regulation Authority (SRA).

  • We keep you informed. Take a look at our support section, which features a range of helpful guides, focusing on important topics including finances and mediation.

Find out more about us

Common questions on prenups

Common questions on prenups

  • 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
  • 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.

    Read more on petnups, prenups and postnups.

  • 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.

    Read our guide on cohabitation agreements.

  • Do you have any Legal 500 & Chambers rankings?

    Our prenuptial agreement solicitors are recognised by Legal 500 and Chambers for our expertise in wealth protection and family law matters.

    In 2026, our regional rankings include:

    Yorkshire: Band 2 chambers & Tier 2 Legal 500BeverleyHarrogateHuddersfieldIlkleyLeedsMiddlesbroughSheffieldWetherbyYork

    East Midlands: Band 2 chambersDerbyLeicesterLincolnNottinghamPeterboroughStamford

    West Midlands: Tier 2 Legal 500BirminghamLeamington SpaLichfieldSolihull

    North East: Band 2 chambersDurhamNewcastleNorth ShieldsSunderland

    South East: Tier 2 Legal 500BerkhamstedStony StratfordMilton Keynes, St Albans

    Wales: Tier 2 Legal 500CardiffSwansea

I have extensive experience in all aspects of family law and frequently represent clients in high-net-worth cases whether they are wishing to protect their wealth or ensure their financial future is secure; adopting a strategic and compassionate approach throughout.

Date last reviewed: 23/07/2026

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