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Prenuptial Agreement Solicitors
A prenuptial agreement records a couple's financial intentions before marriage, often where there are existing assets, business interests or responsibilities from an earlier relationship. In England and Wales it can influence a later divorce settlement, but it is not an automatic guarantee that every term will be enforced.
Sources checked on . This general information does not assess your individual circumstances.
What the agreement is for
A prenup can identify property and other resources and set out how the couple intends them to be treated if the marriage ends. The useful starting point is the reason for the agreement: for example, how existing assets and future financial needs should be addressed.
Prenuptial advice considers financial planning before marriage. The agreement should be considered alongside the couple's circumstances, not marketed as guaranteed asset protection.
The court's approach
In Radmacher v Granatino, the Supreme Court explained that a freely made nuptial agreement, understood by both parties, should be given effect unless doing so would be unfair in the circumstances. The principle does not allow the agreement to remove the court's financial jurisdiction.
Brack v Brack confirms that the court still considers the statutory factors and the whole case. Meeting a checklist does not prescribe the eventual award, and the court is not invariably limited to adjusting an agreement only to meet minimum needs.
Disclosure and independent advice
Exchange information that makes the financial position understandable, including liabilities as well as assets. Identify uncertain values and any overseas or business interests needing further explanation.
Each person should have the opportunity to obtain their own legal advice and understand the consequences. Versteegh shows why the assessment is fact-sensitive: lack of separate advice is not, on its own, a universal rule that an agreement has no weight. That is not a reason to skip advice or disclosure when preparing a new agreement.
- An asset and debt schedule with supporting records.
- Income, pension and business information relevant to the proposal.
- Existing obligations and an explanation of the terms each person wants.
Consider life after the wedding
A document focused only on keeping assets separate can miss housing, income and caring responsibilities. Consider how the arrangement would work if the couple has children, one person reduces work or health affects earning capacity.
The court's assessment includes resources, needs and contributions, with first consideration given to the welfare of children of the family under 18. An agreement should not be presented as a way to contract out of proper provision for children.
Allow a meaningful opportunity to decide
Raise the proposal early enough for information to be checked, advice obtained and terms negotiated. A wedding deadline should not be used to force a decision. If time is short, explain that to the adviser rather than assuming a rushed signature can be repaired later.
No fixed drafting duration or universal signing deadline is promised on this page. The circumstances of signing and the parties' actual understanding matter; a chosen number of days does not guarantee legal effect.
Review the proposal and agree the work
Consider whether the document should provide for review after significant changes. Record the agreed terms, supporting information and any review arrangements carefully; a review provision does not predict how a future court will decide.
You can ask Highfin about advice on a proposed prenup or a document supplied by the other person. Confirm the work, separate-advice arrangements and fees before instruction. If separation has already become the immediate issue, financial settlement or separation-agreement advice may be more relevant.
Official guidance
- Start with the proposal
- Explain the planned marriage date, reasons for the agreement and any draft already prepared. No completion time is guaranteed.
- Ask about scope and fees
- Drafting, negotiation, disclosure and advice on an existing document involve different work. Obtain confirmation of the work included and how it will be charged.
Frequently asked questions
Your questions
Is a prenup automatically binding in England and Wales?
No. It may carry substantial weight, but the court considers the agreement and fairness in the circumstances when financial issues arise.
Can we prepare one without lawyers?
A document is not made effective merely by using a template. Separate advice helps each person understand the consequences; the legal weight of an agreement made without it requires individual assessment.
Does signing well before the wedding guarantee it will be upheld?
No. Timing is part of the surrounding circumstances, alongside understanding, freedom of choice and fairness. There is no guaranteed outcome based only on a signing date.
Can it protect an inheritance regardless of future needs?
Do not assume that. The proposed treatment of inherited assets needs to be considered alongside the family's circumstances and the court's continuing powers.
Are proposals for binding qualifying agreements already the rule?
The government's 2026 consultation proposes reform. A proposal is not itself an enacted entitlement to an automatically binding agreement; check the current law when obtaining advice.
Can you make a prenuptial agreement without a solicitor?
You can prepare an agreement yourselves, but doing so can leave important risks unaddressed. In England and Wales, the court considers whether each person freely understood the agreement and whether it would be fair to hold them to it. Independent legal advice and appropriate financial disclosure help each person understand the terms and what they may be giving up. A lack of advice is not automatically decisive in every case, but pressure, inadequate information, needs and the interests of children may affect the weight given to the agreement. Separate advice is strongly advisable; neither taking advice nor signing a document guarantees enforceability.
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