Pre and Post-nuptial Agreement Solicitors

What is a pre-nuptial agreement?

A pre-nuptial agreement (prenup) is a legal document entered into before marriage or civil partnership. It sets out how finances, property and other assets should be handled if the relationship later breaks down.

These agreements can address:

• Property and savings owned before marriage
• Business interests and investments
• Inheritance and family wealth
• How jointly acquired assets will be treated

What is a post-nuptial agreement?

A post-nuptial agreement (postnup) works in the same way, but is entered into after marriage or a civil partnership has taken place.

Couples often consider a post-nuptial agreement if:

• A prenup was not put in place before marriage
• Financial circumstances have changed
• One party has received inheritance or business assets
• They want to formalise financial arrangements moving forward

Both types of agreement provide clarity and reduce uncertainty in the event of separation.

Are pre and post-nuptial agreements legally binding in the UK?

In England and Wales, pre and post-nuptial agreements are not legally binding. However, the courts increasingly give them significant weight, particularly when they have been properly prepared.

A well-drafted agreement is far more likely to be upheld by the court.

How to ensure your agreement is effective

To give your agreement the strongest possible standing, it should:

• Be entered into freely by both parties
• Include full financial disclosure
• Be fair and reasonable in all the circumstances
• Be supported by independent legal advice by each person

Meeting these criteria significantly increased the likelihood that the court will respect the terms during divorce or dissolution proceedings.

Why consider a pre or post-nuptial agreement?

While no-one enters a marriage expecting it to end, these agreements can provide important protection and peace of mind.

You may wish to consider one if:

• You own property, savings or investments before marriage
• You run or have an interest in a business
• You expect to receive inheritance or family wealth
• You have children form a previous relationship
• You simply want clarity over financial arrangements

They allow couples to make decisions together early, rather than relying on the court to decide later.

How Sweeney Miller Law can help

Our experienced family law team will:

• Provide clear, straightforward advice
• Help you to understand your options
• Draft an agreement tailored to your circumstances
• Work alongside your partner’s solicitor where required
• Ensure your agreement meets the necessary legal standards

We approach every case with sensitivity, understanding that these conversations can feel difficult, but are often an important step in planning for the future.