Prenuptial agreements

Our experts are experienced in representing clients on both sides of a nuptial agreement and are here to help you with any negotiation.

What are pre-nuptial and post-nuptial agreements?

Prenuptial agreements might not feel “romantic”. But they can protect the life you built before you met your partner in the event your marriage breaks down.

There’s no one-size-fits-all, and you don’t need “significant” wealth to make one. Our experts can discuss different options with you, and come up with a structure that fits.

A pre-nuptial (pre-marital) agreement is where you and your spouse-to-be have a document drawn up to clearly define which financial assets belong to you, and which belong to your partner, as well as what will happen to those assets in the event of a divorce.

This can include cash, property, business assets, pensions, and investments. An agreement can also deal with claims for spousal maintenance.

A post-nuptial agreement works in the same way, but is prepared after marriage. These are usually used where there’s been a major change in financial circumstances.

Work with Irwin Mitchell to set up your pre-nuptial or post-nuptial agreement

Our specialist family law team is very experienced in drafting pre-nuptial and post-nuptial agreements. Our solicitors will start by understanding your circumstances and then recommend an agreement tailored to your specific needs. We understand that this is a personal document that should be treated with care and sensitivity.

We are recognised as one of the UK's leading family law firms and are accredited by independent legal guides Chambers & Partners and The Legal 500. With a network of offices across the UK, we offer a personal service. If easier for you, we can also speak via email, phone, or video call. We'll explain things to you clearly and make sure you feel comfortable with every decision.

If you and your partner do decide to separate in the future, our expert divorce lawyers can give you robust legal representation and advice about enforcing your agreement, ensuring your best interests are protected. We can also work to settle divorces out of court, keeping the process as stress-free and cost-effective as possible.

Frequently Asked Questions

Who should consider prenuptial and postnuptial agreements?

A prenuptial or postnuptial agreement can be particularly beneficial if you:

Own properties you want to protect
Have a business you want to protect
Have personal pensions or savings you want to protect
Are expecting a large windfall, like selling a company or receiving an inheritance
Have already been through a divorce and perhaps “lost” a portion of your assets
Want to preserve assets for your children, particularly in cases where you have entered a new relationship.

Are prenuptial and postnuptial agreements enforceable in UK law?

Neither are absolutely legally binding, but since a Supreme Court case in 2010, they’re much more robust under UK law. Provided both parties entered the agreement in the full knowledge of its implications, and the agreement is not unfair in the eyes of the court, the court will generally uphold it. You do have to meet certain criteria to make them enforceable, which is why the guidance of a legal expert is so crucial for both parties.