Prenuptial Agreement Solicitors in London
A prenuptial agreement (“prenup”) is a legal document couples sign before marriage or civil partnership, setting out how their assets, savings, property, business interests and debts would be divided if the marriage ends. While prenups are not automatically binding in England and Wales, a properly drafted agreement is given significant — often decisive — weight by the courts.
Our family law solicitors draft and review prenuptial and postnuptial agreements for individuals and couples across London, including business owners, high-net-worth individuals, and those entering a second marriage who want to protect assets for their children. We offer a free initial consultation to talk through your circumstances.
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What is a prenuptial agreement?
A prenuptial agreement is a contract entered into by a couple before their wedding or civil partnership. It records what each person owns going into the marriage and agrees, in advance, how assets — property, savings, investments, business interests, pensions and debts — would be divided if the couple later divorces or dissolves their civil partnership.
Prenups are sometimes confused with postnuptial agreements, which cover the same ground but are signed after the wedding has taken place. Both are treated the same way by the courts.
Are prenuptial agreements legally binding in the UK?
No — prenuptial agreements are not automatically legally binding under English law. Family courts in England and Wales retain the discretion to decide financial matters on divorce under section 25 of the Matrimonial Causes Act 1973, and no private contract can remove that discretion entirely.
However, since the landmark Supreme Court case of Radmacher v Granatino [2010] UKSC 42, courts have been required to give effect to a prenuptial agreement that was entered into freely, with a full understanding of its implications, unless it would be unfair to hold the parties to it. In practice, this means a well-drafted prenup — one that meets the safeguards below — is very likely to be upheld and can carry decisive weight in a divorce settlement.
What makes a prenuptial agreement more likely to be upheld by a court?
For a court to give an agreement full weight, it should generally meet the following criteria:
- Freely entered into — no pressure, duress or last-minute ultimatum from either party
- Full financial disclosure — both parties disclosed their material assets, income, debts and liabilities honestly before signing
- Independent legal advice — each party had their own solicitor, not a shared one, so both fully understood the terms and their rights
- Signed in good time before the wedding — the Law Commission recommends the agreement be finalised at least 28 days before the ceremony, to avoid any suggestion the signing party felt they couldn’t back out
- Fair outcome — the agreement doesn’t leave either party, or any children, without their reasonable financial needs being met
- Executed as a deed — properly witnessed and signed, with both parties confirming in writing that they understand the agreement is not automatically enforceable and that the court retains final discretion
A prenup that fails these safeguards can still be considered by the court, but it will carry much less weight — and a judge may depart from it significantly.
What can a prenuptial agreement cover?
A prenuptial agreement can be tailored to your circumstances and typically addresses:
- Property owned before the marriage, in sole or joint names
- Savings and investment accounts
- Shares and stocks
- Pensions
- Business assets and ownership interests
- Income earned during the marriage (including future earnings, if a specific clause is included)
- Inheritance, both received and anticipated
- Debts brought into the marriage, so one spouse isn’t exposed to the other’s pre-existing liabilities
- How jointly acquired assets during the marriage will be treated
Does a prenuptial agreement protect future earnings?
Only if it’s drafted to. A prenup will not automatically capture income or assets built up after the wedding — you need a specific clause addressing future earnings, business growth, or assets acquired during the marriage for these to be covered. This is one of the most common drafting oversights we see in DIY or template agreements, so it’s worth having a solicitor review the wording carefully.
What can’t be included in a prenuptial agreement?
English courts will not enforce clauses covering:
- Child arrangements or child maintenance — decisions about children are made by the court based on the child’s best interests at the time, not on a prior agreement between the parents
- Lifestyle clauses — terms about personal conduct, weight, appearance, household chores or social activities have no legal standing
- Illegal terms — anything that breaches the law
- Anything manifestly unfair — a court can disregard or vary terms that would leave a spouse in genuine financial hardship, particularly where circumstances have changed materially since signing (for example, the birth of children, a serious illness, or a spouse giving up a career)
How long does a prenuptial agreement last?
A prenuptial agreement remains in effect for the duration of the marriage unless the couple agrees to change it. It is not fixed forever, though — many well-drafted agreements include a review clause, prompting the couple to revisit the terms at set intervals (for example, every five years, or after significant life events such as having children or a major change in wealth). This helps ensure the agreement stays fair and reduces the risk of it being successfully challenged later on the basis that circumstances have moved on.
Can a prenuptial agreement be changed after the wedding?
Once you’re married, you can’t simply amend the original prenuptial agreement — but you can enter into a postnuptial agreement instead. A postnuptial agreement covers the same ground as a prenup and is treated by the courts in exactly the same way; the only difference is timing, as it’s signed after the marriage rather than before it. This is a common route for couples who didn’t have time to complete a prenup before their wedding, or whose circumstances have changed significantly since they married.
How do I make a prenuptial agreement?
To give your agreement the best chance of being upheld by a court, we recommend:
- Instruct a family law solicitor to draft the agreement — template or DIY prenups are far more likely to be successfully challenged
- Both parties get independent legal advice from separate solicitors
- Disclose all assets, debts and income fully and honestly to each other before signing
- Sign well in advance of the wedding — ideally several months, and no later than 28 days before the ceremony
- Make sure you both understand and agree to the terms willingly, without pressure from each other, family, or wedding planning deadlines
Get in touch with our expert Solicitors today.
Why choose Adam Bernard for your prenuptial agreement?
- Specialist family law solicitors based in Central London (Holborn) and East London (Upton Park), regulated by the Solicitors Regulation Authority
- We advise business owners, high-net-worth individuals and those with complex asset structures across the UK and internationally
- Free initial consultation, available in person, by phone, or via Zoom, Teams, WhatsApp or Skype
- Clear, fixed-fee options available — ask us for a quote tailored to your circumstances
Get in touch with our expert Solicitors today.
Frequently Asked Questions
Not automatically. Courts retain discretion over financial settlements on divorce, but since Radmacher v Granatino (2010), a prenup that's freely entered into, fully disclosed, and fair will usually be upheld and given significant, often decisive, weight.
Costs vary depending on the complexity of your assets and whether both parties need separate representation. We offer a free initial consultation and can provide a fixed-fee quote once we understand your circumstances.
Yes. Independent legal advice from separate solicitors is one of the key safeguards courts look for — using the same solicitor for both parties significantly weakens the agreement's enforceability.
The Law Commission recommends signing at least 28 days before the wedding. Signing closer to the date increases the risk that a court will find the agreement was entered into under time pressure.
Yes. A court can depart from a prenuptial agreement if it was signed under pressure, without full financial disclosure, without independent legal advice, or if enforcing it would leave a spouse or children without their reasonable needs met.
A prenuptial agreement is signed before the wedding; a postnuptial agreement covers the same ground but is signed afterwards. Courts treat them in the same way.
Yes — a prenuptial agreement can ring-fence business assets, shareholdings and future business growth from a divorce settlement, provided it's properly drafted with a specific clause addressing the business.
