Prenuptial Agreement Lawyer

Prenuptial and postnuptial agreements are among the most effective ways to protect assets, provide clarity, and establish financial security before marriage or a civil partnership. They allow couples to define how property, savings, and other interests should be treated if the relationship ends, giving both parties confidence and peace of mind.

JMW’s specialist family law team advises clients across England and Wales on how to formalise their financial arrangements before marriage. Our prenuptial agreement lawyers act for individuals and families with a broad range of circumstances – from professionals with independent assets to high-net-worth families seeking to preserve inherited wealth, business interests or family trusts.

Our family lawyers are recognised nationally for our expertise in matrimonial finance and for providing discreet, pragmatic legal advice. We prepare clear, contractually valid agreements that reflect your personal circumstances and priorities, ensuring they are both fair and legally enforceable under UK law. We conduct sensitive prenuptial and postnuptial agreement negotiations, respectful of the couple’s relationship and commitment to one another.

To speak to one of our prenuptial agreement solicitors, call 0345 872 6666, or complete our online enquiry form to arrange a confidential discussion.

How JMW Can Help

At JMW, our experienced family law team provides specialist legal advice tailored to your financial and personal circumstances. We assist clients with assets ranging from property portfolios and business holdings to complex trust structures and international interests.

Our role is to help you achieve clarity and certainty before your marriage or civil partnership, ensuring that your agreement protects assets fairly while maintaining trust and understanding between you and your future spouse.

Our prenuptial agreement lawyers assist with all aspects of prenuptial and postnuptial agreements in the UK, including:

• Drafting and reviewing prenuptial agreements: creating bespoke, comprehensive legal documents that safeguard property, investments, and assets acquired before marriage.
• Providing independent legal advice: advising both parties separately to ensure the agreement is entered into freely, transparently, and in compliance with UK law.
• Advising on disclosure and fairness: ensuring that full financial disclosure is made and that the agreement meets each party’s reasonable financial needs, increasing the likelihood of it being upheld by the court.
• Protecting complex assets: advising on matters involving family businesses, trusts, and inherited wealth to preserve long-term financial interests.
• Drafting postnuptial agreements: assisting clients who wish to formalise or revise their arrangements after marriage.

For more information about drafting a cross-border prenuptial agreement, please visit our dedicated international prenuptial agreements page.

Our family law team combines legal expertise with a discreet and strategic approach, ensuring your agreement is prepared to the highest standard. We work efficiently and sensitively, providing clear advice throughout a process that can often feel personal and delicate.

Recognised by the Legal 500, Chambers & Partners, and Spears 500, JMW is known for excellence in matrimonial finance and for representing clients who value precision, confidentiality, and professionalism.

Meet the Team

Our prenuptial agreement lawyers form part of JMW’s nationally recognised family law team. With our expertise in complex matrimonial finance and asset protection, we provide strategic, discreet and pragmatic advice to help safeguard your wealth with clarity and care.

Case Studies

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal document entered into by a couple before marriage or a civil partnership. It sets out how assets, property and financial interests will be managed if the relationship ends. Although often associated with wealth protection, a prenup can also provide clarity for both parties, helping to avoid uncertainty and conflict in the future.

Under UK law, a prenuptial agreement (sometimes referred to as a “prenup”) is designed to define how matrimonial assets such as homes, savings, business interests, or inherited wealth should be divided if a marriage or civil partnership breaks down. It can also address financial arrangements relating to children, debts and future income.

We can help prepare tailored agreements for clients across England and Wales, ensuring that each one reflects the couple’s specific circumstances and intentions. We advise on the legal framework that governs nuptial agreements, the level of disclosure required, and the factors that influence whether an agreement is upheld by the court.

A well-drafted prenup helps both parties enter marriage with confidence. It provides a clear financial foundation, ensures transparency from the outset, and safeguards the interests of both individuals should their circumstances change.

What Can Be Covered by a Prenuptial Agreement?

A prenuptial agreement can be tailored to reflect the specific financial and personal circumstances of each couple. It is intended to provide clarity over how assets and liabilities will be managed both during the marriage and in the event of a divorce or civil partnership dissolution.

In England and Wales, there are no fixed rules limiting what can be included, but the agreement must be fair, transparent, and entered into voluntarily. The contents should be clear, reasonable, and supported by full financial disclosure from both parties.

A prenuptial agreement may include provisions covering:

• Property and real estate: defining how homes or other property owned before marriage will be treated, including those held in one party’s sole name or through a family trust.
• Business interests: setting out how shares, directorships, or professional partnerships will be managed to protect ongoing business operations and employees.
• Savings, investments and pensions: clarifying how existing or future assets will be divided if the marriage ends.
• Inherited or gifted wealth: confirming how family wealth, inheritances or trusts should be preserved for the next generation.
• Debts and liabilities: allocating responsibility for existing or future financial obligations.
• Financial support: outlining how maintenance or ongoing financial provision will be handled if the relationship breaks down.
• Personal items or heirlooms: protecting assets of sentimental or family value.

A prenuptial agreement can also have regard to children from previous relationships, ensuring that family wealth is protected while maintaining fairness between partners.

What Are the Benefits of a Prenuptial Agreement?

A prenuptial agreement provides both practical and emotional benefits, offering clarity and reassurance about how finances will be managed within a marriage or civil partnership. While often associated with high-value or complex assets, a well-drafted prenup can benefit any couple seeking transparency and protection for the future.

The main advantages include:

• Protection of assets: safeguarding property, savings, investments, or family wealth acquired before the marriage. This is particularly relevant where one partner is wealthier, owns a business, or expects to inherit significant assets.
• Preservation of family interests: maintaining control over inherited assets, trusts or family businesses, ensuring they remain within the family line if the marriage ends.
• Certainty and fairness: setting out clear terms in advance reduces uncertainty and the risk of future disputes, allowing both parties to enter the marriage with confidence.
• Financial transparency: full disclosure encourages open communication and mutual understanding, supporting a stronger financial partnership.
• Cost and time efficiency: resolving financial matters in advance can help avoid lengthy and expensive court proceedings should the relationship end.
• Protection for children and previous relationships: ensuring that assets are preserved for children from earlier relationships or family dependants.

A prenuptial agreement is not designed to create imbalance or mistrust. Rather, it is a proactive and respectful way to agree on financial arrangements before marriage. For many couples - especially those with business interests, property portfolios, or complex family structures - it provides reassurance that their financial affairs are clearly understood and protected under UK law.

What Is a Postnuptial Agreement?

A postnuptial agreement is a legal document created after a marriage or civil partnership has taken place. Like a prenuptial agreement, it sets out how assets, property and financial arrangements would be handled if the relationship were to end. It is often used when a couple did not sign a prenup before their wedding, or when their financial circumstances have changed since.

A postnuptial agreement (sometimes referred to as a postnup) can be particularly valuable in situations where:

• There has been a significant change in financial circumstances, such as the sale of a business, receipt of an inheritance, or the acquisition of new assets.
• One party has contributed substantially to joint assets or investments and wishes to formalise how they should be treated.
• The couple wishes to update or reaffirm the terms of an existing prenuptial agreement after marriage.
• There are children from a previous relationship, and the couple wants to protect assets intended for them.

Postnuptial agreements are recognised by the courts in much the same way as prenuptial agreements. To carry similar legal weight, they must meet the same key principles: the agreement must be entered into voluntarily, supported by full disclosure, and both parties must have received independent legal advice.

What Is the Process for Making a Prenuptial Agreement in the UK?

The process of creating a prenuptial agreement in England and Wales involves several key stages designed to ensure that the agreement is fair, transparent and legally enforceable. While every couple’s circumstances differ, the following steps are generally involved:

• Initial discussion and instruction: Each party should seek advice from an experienced prenuptial agreement solicitor. Independent legal advice is essential, as both parties must enter the agreement freely and with a full understanding of its implications.
• Full financial disclosure: Both individuals must provide a detailed account of their financial circumstances, including assets, property, savings, liabilities, income, and any interests in businesses or trusts. Full and honest disclosure is vital to the validity of the agreement.
• Negotiation and drafting: Your solicitor will prepare a draft prenuptial agreement tailored to your circumstances. This will set out how matrimonial assets, property, and financial responsibilities will be treated during the marriage and in the event of a separation. The terms should be realistic and balanced, reflecting each party’s needs and contributions.
• Independent legal review: Once the draft has been prepared, the other party’s solicitor will review it and provide separate legal advice. This ensures both individuals have an equal understanding of the agreement and that it cannot later be challenged on the grounds of unfairness or pressure.
• Finalisation and signing: The agreement should be signed at least 28 days before the wedding or civil partnership ceremony to demonstrate that both parties had sufficient time to consider it. This helps show that it was entered into voluntarily and without undue influence.
• Retention and review: The signed agreement should be securely stored by your solicitor and revisited if necessary - particularly if your financial circumstances change, or if children are born. It can later be reaffirmed as a postnuptial agreement to maintain its relevance.

Our family law team guides clients through each stage of the process with clarity and discretion. We work to ensure that your agreement meets all procedural safeguards required by UK law and reflects your intentions accurately. Early planning is always advisable, as it allows time for careful discussion, negotiation, and preparation - helping to make the process as smooth and stress-free as possible.

If you need your prenuptial agreement to apply internationally, please visit our dedicated international prenuptial agreements page for more information.

Are Prenuptial Agreements Legally Binding?

Under UK law, prenuptial agreements are not automatically binding in the same way as other legal contracts. However, the courts in England and Wales increasingly give significant weight to both prenuptial and postnuptial agreements, provided certain conditions are met. When prepared correctly, these agreements are highly persuasive and can be upheld by the court if they are fair, transparent, and properly executed.

The key principles were established in the landmark Supreme Court case Radmacher v Granatino, which confirmed that courts should give effect to a nuptial agreement that has been freely entered into by both parties, with full appreciation of its implications, unless it would be unfair to do so.

To be considered valid and enforceable, an agreement should meet the following criteria:

• Voluntary: Both parties must have entered into the agreement of their own free will, without pressure or undue influence.
• Independent legal advice: Each person must have received separate legal advice from their own solicitor.
• Full financial disclosure: Both parties must have disclosed their financial circumstances in detail, including assets, income, and liabilities.
• Fairness: The agreement must meet each party’s reasonable financial needs and should not leave one partner in hardship.
• Timing: The agreement should be completed and signed well in advance of the wedding or civil partnership - ideally at least 28 days before the ceremony.
• Review: It can be reviewed if necessary, particularly after major life changes such as the birth of a child, to ensure it remains relevant and fair.

Although the family court retains discretion under the Matrimonial Causes Act 1973, well-prepared prenuptial and postnuptial agreements are now regularly upheld in England and Wales.

Q

When should I make a prenuptial agreement?

A

It is advisable to begin the process of preparing a prenuptial agreement well in advance of your wedding or civil partnership. Ideally, the agreement should be finalised and signed at least 28 days before the ceremony.

This allows sufficient time for both parties to seek independent legal advice, complete full financial disclosure, and ensure that the agreement is entered into voluntarily. Starting early also allows for thoughtful discussion of the terms, reducing any pressure as the wedding date approaches.

Our family lawyers recommend discussing your intentions as soon as you begin making financial or legal preparations for marriage. Early engagement with prenuptial agreement lawyers gives the best chance of creating a legally sound, fair, and carefully considered agreement.

Q

Do I have to tell my partner about my financial situation if we are having a prenuptial agreement?

A

Full and honest financial disclosure is essential for any prenuptial or postnuptial agreement to hold weight in court. Each party must provide a complete overview of their assets, liabilities, income and financial interests, including any property, investments, business ownership or trusts.

If one person fails to disclose their financial position fully, the court may later decide that the agreement was unfair and decline to uphold it. Transparency at this stage not only protects both parties but also demonstrates good faith and helps build trust in the process.

Q

When might a court refuse to uphold a prenuptial agreement?

A

While courts in England and Wales now give considerable weight to prenuptial and postnuptial agreements, they may refuse to uphold an agreement if it fails to meet certain standards. Common reasons include:

• The agreement was signed under undue pressure or without sufficient time to consider it.
• One party did not receive independent legal advice.
• There was a lack of full financial disclosure.
• The terms were unfair or failed to meet one party’s reasonable financial needs.
• Circumstances have changed significantly since the agreement was made (for example, the birth of a child or illness affecting earning capacity).

Our family lawyers ensure that all formalities are properly completed, reducing the risk of a future challenge and giving your agreement the strongest possible foundation for enforcement.

Q

How can I make sure a prenuptial agreement is upheld in another country?

A

If you or your spouse has connections outside England and Wales - for example, through residence, nationality, or overseas assets - you should seek specialist legal advice before signing the agreement. Different countries apply different laws to prenuptial agreements, and some may not recognise them at all.

Our family law team regularly works alongside international lawyers to ensure that your agreement has the best possible standing in multiple jurisdictions. If you later relocate abroad, it may be necessary to prepare a mirror agreement or a postnuptial agreement in your new country of residence to confirm your intentions.

Q

What is the effect of a prenuptial or postnuptial agreement on my will?

A

A prenuptial or postnuptial agreement does not replace, revoke or cancel an existing will, but it can influence how your estate is distributed. It can clarify your intentions regarding assets, property, or financial provision for your spouse or children, which your will should then reflect.

It is possible to make additional provision in your will for your spouse, and if you do this, it will not undermine or invalidate the provisions of a prenuptial or postnuptial agreement.

It is important to review your will after entering into a prenuptial or postnuptial agreement to ensure the two documents are consistent. Our family law team works closely with JMW’s private client solicitors to coordinate your wealth protection strategy, ensuring both your lifetime and testamentary wishes are respected.