Prenuptial Agreement Solicitors
At Bell Lamb & Joynson, our award-winning family law team helps couples put a prenuptial agreement in place before entering into marriage or a civil partnership.
While marriage is an exciting new beginning, it can also bring financial considerations and complexities. Our experienced team provides clear, practical advice to help you prepare for the future, giving you peace of mind so you can focus on enjoying this next chapter.
What Is a Prenuptial Agreement?
A prenuptial agreement (prenup) is a written legal contract between a couple, signed before marriage, that outlines how assets will be divided if they divorce. This can include inheritance, gifts, pensions, debts and property.
Are Prenuptial Agreements Legally Binding?
They are not automatically binding in England and Wales, but courts give them significant weight when they are done properly. Since the 2010 Supreme Court case Radmacher v Granatino, courts usually uphold a prenup that both people entered into freely and fully understood, unless doing so would be unfair.
What Makes a Prenup More Likely to Be Upheld
Courts look at how the agreement was made, including whether it was:
- Entered into freely, with no pressure
- Based on full financial disclosure
- Made after both parties took independent legal advice
- Signed at least 28 days before the wedding
- Fair and meets both parties' needs
If any of these are missing, the court may give the agreement less weight or decide not to follow it.
What Can a Prenup Cover?
A prenup can set out how certain financial matters may be dealt with if you separate, but there are important limits to what it can cover. Without one, the court decides who gets what in a divorce.
| What it can cover | What it can't do |
| Property and savings each person owns before the marriage | Decide child arrangements, such as who the children live with |
| Inheritances and family gifts, past or future | Set child maintenance, which is assessed separately |
| Business interests, pensions and investments | Leave either person, or any children, without their needs met |
| How the family home will be split | Override the court's final decision if the terms are unfair |
| Debts each person brings into the marriage | Enforce lifestyle terms, such as household chores |
| Spousal maintenance after a divorce | Include anything illegal |
At Bell Lamb & Joynson, our award-winning family law team helps you put a prenuptial agreement in place before entering into marriage or a civil partnership. Pensions are often the hardest asset to untangle, so read our guide to how pensions are handled after divorce.
Pre and Postnuptial Agreements
Pre- and postnuptial agreements work similarly; the difference is timing. A postnuptial agreement is similar to a prenup, but it is made after a couple is already married. It can be useful if you missed the opportunity to make a prenup before the wedding or if your circumstances have changed, such as receiving an inheritance or starting a business.
Who Should Consider a Prenuptial Agreement?
A prenup isn’t just for the wealthy; it can be a reassuring agreement for practical planning, not a sign of distrust. It's one reason behind the rise of prenuptial agreements in England and Wales. A prenup may be worth considering if you are:
- Entering a second marriage or have children from a previous relationship
- A business owner
- Expecting an inheritance
- A property owner
- Part of a couple with a big gap in wealth or income
Living together but not planning to marry? A cohabitation agreement can give you similar clarity over property and finances.
How Bell Lamb & Joynson Can Help
We give discreet, practical advice on prenuptial agreements and handle every case with care. Our family law team can help with:
- Prenuptial agreement advice and drafting
- Reviewing an agreement from your partner
- Postnuptial agreements
- Updating an existing prenup
- Pre-civil partnership agreements
If talks between you become difficult, we can also explain what happens when family negotiations break down.
How the prenup process works
- Consultation: we discuss your circumstances and priorities
- Disclosure: you share details of your financial position
- Drafting: we prepare an agreement that reflects your needs
- Independent advice: your partner takes their own legal advice
- Signing: once you both agree, you sign the agreement
Ideally, start around three months before your wedding to allow time for advice and discussion.
For clear, practical advice on a prenuptial agreement, speak to our family law team today.
Prenuptial Agreement Solicitors FAQs
How long before the wedding should a prenup be signed?
A prenup should ideally be signed at least 28 days before the wedding to help avoid any suggestion that either person was pressured into signing. It is best to start the process well in advance, giving both parties enough time to consider the terms and obtain independent legal advice.
Can I write my own prenup?
You can technically write your own prenup, but this is not recommended. A solicitor can ensure the agreement is properly drafted, covers the relevant issues and follows the guidance needed to give it the best chance of being upheld.
Do we both need a solicitor?
It is strongly recommended that you each have your own independent solicitor when entering into a prenup. This helps ensure you both understand the agreement and avoids any potential conflict of interest.
Who benefits most from a prenup?
A prenup can be particularly useful for business owners, high-net-worth individuals, those entering a second marriage, or couples where one person has significantly greater assets than the other.
Can you change a prenup after you marry?
Yes. If your circumstances change, such as having children or starting a business, you can update your prenup with a postnuptial agreement. It's worth reviewing it every few years so it stays fair.
How much does a prenup cost?
The cost of a prenuptial agreement in the UK will depend on your circumstances and the complexity of the agreement. Our fees start from £[X] + VAT, with the final cost confirmed once we understand your requirements.
Does a prenup affect my will?
No. A prenup sets out what happens if you divorce, not what happens to your estate when you die. Getting married usually cancels any existing will in England and Wales, so it's worth making a new will alongside your prenup. Our wills and probate solicitors can help you make sure both documents work together.