Prenuptial & postnuptial agreements solicitors

About prenuptial and postnuptial agreements

What is a prenuptial agreement?

A prenuptial agreement is a legal document that is entered into voluntarily by a couple before marriage, setting out how assets, property, and finances will be divided if the relationship breaks down.

Although it may feel uncomfortable to discuss before getting married, having a prenuptial agreement in place, could help to smooth the process if you decide to separate – helping matters to be resolved without the need for court. They can also support a fair outcome for both partners and any children involved.

Prenuptial agreements should be forward looking and aim to address ‘what if’ situations that might arise during the marriage. For example, what if you have a child, or more children, or what if you or your spouse become disabled and are unable to work. Whilst it’s difficult to cover every scenario, it can help for couples to discuss and agree what the outcome would be in these circumstances.

What is a postnuptial agreement?

A postnuptial agreement is a legal document entered into voluntarily by a couple, setting out how assets and finances will be divided if the relationship breaks down.

Postnuptial agreements are becoming more popular and sometimes couples prefer to take this approach to avoid discussing separation and divorce in the run up to their marriage. They can be entered into at any point during the marriage and are often triggered by a significant change in circumstances.

The most common reasons for entering into a postnuptial agreement include a significant inheritance, starting a business, a change in financial circumstances, or not having a prenuptial agreement in place. In some cases, you may have a prenup already, but wish to underpin it with a more bespoke, and thorough, postnuptial agreement.

How our prenuptial and postnuptial agreements solicitors can help

Anthony Collins’ family law solicitors help couples put in place clear, fair prenuptial and postnuptial agreements that protect what matters most without undermining the relationship. Rather than being about mistrust, these agreements give clarity and peace of mind where there are businesses, property, children from previous relationships or significant inherited assets in the picture.

We then negotiate and draft an agreement tailored to you – usually covering property, savings and investments, business interests, pensions, debts and inherited or gifted assets, as well as how future assets will be treated. Child arrangements are kept separate, because they must always be decided on a child’s needs at the time.

Once you are both happy, the agreement is signed and safely stored. While not automatically binding, a well‑prepared, transparent and fair agreement is likely to carry significant weight if you ever separate. Our role is to put a robust, realistic framework around your finances so that, whatever happens, there is less uncertainty, less conflict and a stronger sense that both partners have been treated fairly.

Your concerns about prenuptial and postnuptial agreements

Who should consider a prenuptial agreement?

Anyone entering marriage with significant assets, a business, inherited wealth, or assets from a previous relationship should consider a prenuptial agreement. For business owners, a prenuptial agreement can protect the business from being disrupted during a separation.

Is a prenuptial agreement legally binding?

Although prenuptial agreements are not automatically legally binding in England and Wales, courts increasingly give weight to them where they are fair and properly prepared.

Do I have to include everything in a prenuptial agreement?

No, you can negotiate and prepare prenuptial and postnuptial agreements to protect specific assets only, such as property, or an inheritance if you wish. These hybrid agreements are generally used in situations where one party has a property or other monies or assets that have been passed to them by a family member that they would like to protect and keep in the family in the event of divorce.

Should my prenuptial agreement be reviewed and updated?

Yes, ideally a prenuptial or postnuptial agreement should be reviewed every five years to ensure it captures life events and is still fit for purpose. If disputes arise about the need for any additions or amends, a skilled mediator can help the couple to reach an agreement or an arbitrator can be called upon to make the decision on their behalf.

How much does a prenuptial agreement cost?

The cost of a prenuptial agreement depends on the complexity of the assets involved and the level of negotiation required.

Postnuptial agreements can be negotiated and prepared for a similar cost, and depend on the same factors. As a general rule, straightforward agreements will cost less than one involving a business valuation or complex international assets.