Why would you need a prenuptial agreement?

Prenups (and post-nups) provide a clear agreement and help avoid any disputes. They can help protect assets such as inheritances or businesses as well as being a vital component of sensible wealth and succession planning for future generations.

How do I make sure my prenup is upheld by a judge if my husband were to challenge it?

There are a number of formalities that you should follow when preparing your prenuptial agreement: The agreement shouldn’t seek to avoid financial responsibility for any children Before the agreement is entered into, you should each disclose your financial position and any other relevant information There should be no vitiating factors present at the time of signing the agreement. This means no one should be put under pressure to sign the agreement or nothing should be misrepresented in the agreement or financial disclosure to persuade someone to sign the agreement. You each must take legal advice on agreement is entered into The agreement should not be signed on the eve of the wedding. Ideally the agreement should be signed at least 28 days before.

Are prenups legal in the UK?

Prenups are not strictly speaking legally binding because on a divorce or dissolution of a civil partnership the courts always has the ability to reach a different decision if that's what is required to get a fair outcome. However, if prenups are drawn up carefully, they will usually be upheld. Those principles include ensuring that the terms of the prenup are fully understood and expert legal advice is a key factor in that.

Can you get a prenuptial agreement after you are married?

Yes, this is called a post-nup (or post-nuptial agreement). They have the same benefits as a pre-nup.

What can’t I include in a prenup?

Anything illegal, anything that encourages divorce or which provides for different outcomes depending on the reason why the marriage had broken down shouldn’t be included. Any decisions around financial support for any children or the arrangements for those children also shouldn’t be in your prenup. Generally, the prenuptial agreement should stick to financial matters and not lifestyle choices or decisions.

What are the advantages of a prenuptial agreement?

They help avoid uncertainty and arguments over finances if your relationship ends They help protect money or assets that you have inherited and want to stay within your family They help preserve assets for any children from a previous relationship They help ensure you retain control of a business They help you protect yourself from being liable for any debts your partner has

Should I get a prenup?

A prenup is available to anyone but is particularly beneficial if you: Have business or commercial assets that you wish to protect Are marrying for the first time and you want to keep any assets owned prior to the marriage separate Have already been through divorce and understand that an agreement can reduce complications if the relationship fails Own properties that you want to protect Have personal pensions, savings or inheritance that you want to protect Want to preserve assets for your children, particularly in cases where your children are from a previous relationship We've worked on prenuptial and postnuptial agreements of all sizes.

Prenuptial and post-nuptial agreements

Nuptial agreements are increasingly common. They help provide you with security at an uncertain time and help protect your assets.

Whether you’re a business owner or an individual, we have the expertise to support you when negotiating and drafting your prenuptial or post-nuptial agreements.

Prenuptial agreements (where you draw up an agreement before getting married) and postnuptial agreements (where you reach an agreement after getting married) give you peace of mind. They can cover all your assets or just key elements that you want to protect. They may have had a chequered history in England and Wales but prenups are, if prepared properly, highly influential and, in many cases, presumed to be binding.

Why is certainty important?

There is no fixed formula when it comes to financial settlements in a divorce. Instead, the law provides a wide discretion and guiding principles to help achieve a fair outcome. This flexibility allows the court to take into account a family's individual circumstances when splitting assets and considering maintenance and to come up with a tailor-made arrangement. However, flexibility can make it difficult to predict with certainty what decision a judge will make and the best a family lawyer can do is give you a broad bracket of what a settlement might be. This causes arguments, costly legal proceedings, and stress.

Our lawyers

Our prenup lawyers have enormous experience of advising on, drafting and negotiating prenups and post-nups. Whether agreements are international or more local, the assets are straightforward or complex, we are able to help.

Our experience

Prenuptial agreements are no longer just for high net worth individuals. We have the technical skill and practical knowledge to get the right outcome for you, taking into consideration your financial position. We work with a range of clients, including:

Business owners and entrepreneurs who are looking to protect their businesses for future generations
People who are marrying for a second time, wanting to pass on their wealth to their children from a previous relationship
Beneficiaries of trusts
International families where prenups involve co-ordinating advice from a variety of different countries
High-profile celebrities and ultra-HNW individuals

Our clients

Here’s just some examples of our recent work:

A prenup for a Premiership footballer. He and his partner had lived together for several years and had decided to get married at short notice.
A prenup for an entrepreneur whose fiancée was from one EU country and they were going to live in another. We worked closely with family lawyers from those two other jurisdictions to cover these international factors.
A post-nup for the beneficiary of a substantial farming trust that she and the family wanted to pass on to future generations.

What you need to know

While they are not yet legally binding, since a Supreme Court ruling in a case called Radmacher v Granatino in 2010, the presumption is that family courts should uphold prenuptial and post-nuptial agreements if they are fair and both parties fully understand the implications. To all intents and purposes, prenups and post-nups are binding.

So, what happens if you decide to get a prenup?

First, you’ll need to speak to your partner. It’s a good idea to do this early because it can take anything from a few weeks to several months to get an agreement together. Ideally your prenup should be signed at least 28 days before your wedding. You do not want to finalise this when you are also making decisions about seating plans, menu choices and flowers.

You will both need independent legal advice on the agreement. Make sure you speak to an experienced family lawyer who understands prenups. The family lawyers at Mills & Reeve are able to advise you, negotiate on your behalf and prepare all the documentation you need. We can co-ordinate advice from overseas or from specialists such as tax advisors and pensions experts.

You will each need to disclose your financial position – the agreement may not work unless financial disclosure is correct. Considering your future – such as where you will live, or if you’re likely to have children – will help you to tailor the document to your situation.

Once agreed, the prenup can be put away and you can enjoy your wedding day.

Frequently Asked Questions

Why would you need a prenuptial agreement?

Prenups (and post-nups) provide a clear agreement and help avoid any disputes. They can help protect assets such as inheritances or businesses as well as being a vital component of sensible wealth and succession planning for future generations.
How do I make sure my prenup is upheld by a judge if my husband were to challenge it?
There are a number of formalities that you should follow when preparing your prenuptial agreement:
- The agreement shouldn’t seek to avoid financial responsibility for any children
- Before the agreement is entered into, you should each disclose your financial position and any other relevant information
- There should be no vitiating factors present at the time of signing the agreement. This means no one should be put under pressure to sign the agreement or nothing should be misrepresented in the agreement or financial disclosure to persuade someone to sign the agreement.
- You each must take legal advice on agreement is entered into
- The agreement should not be signed on the eve of the wedding. Ideally the agreement should be signed at least 28 days before.
Are prenups legal in the UK?

Prenups are not strictly speaking legally binding because on a divorce or dissolution of a civil partnership the courts always has the ability to reach a different decision if that's what is required to get a fair outcome. However, if prenups are drawn up carefully, they will usually be upheld. Those principles include ensuring that the terms of the prenup are fully understood and expert legal advice is a key factor in that.
Can you get a prenuptial agreement after you are married?

Yes, this is called a post-nup (or post-nuptial agreement). They have the same benefits as a pre-nup.
What can’t I include in a prenup?

Anything illegal, anything that encourages divorce or which provides for different outcomes depending on the reason why the marriage had broken down shouldn’t be included. Any decisions around financial support for any children or the arrangements for those children also shouldn’t be in your prenup. Generally, the prenuptial agreement should stick to financial matters and not lifestyle choices or decisions.
What are the advantages of a prenuptial agreement?
- They help avoid uncertainty and arguments over finances if your relationship ends
- They help protect money or assets that you have inherited and want to stay within your family
- They help preserve assets for any children from a previous relationship
- They help ensure you retain control of a business
- They help you protect yourself from being liable for any debts your partner has
Should I get a prenup?
A prenup is available to anyone but is particularly beneficial if you:
- Have business or commercial assets that you wish to protect
- Are marrying for the first time and you want to keep any assets owned prior to the marriage separate
- Have already been through divorce and understand that an agreement can reduce complications if the relationship fails
- Own properties that you want to protect
- Have personal pensions, savings or inheritance that you want to protect
- Want to preserve assets for your children, particularly in cases where your children are from a previous relationship
We've worked on prenuptial and postnuptial agreements of all sizes.

Videos from our prenuptial lawyers

Structuring family businesses to protect against divorce and separation
Family companies will often overlook their constitutional documents. It is frequently the case that articles of association (“articles”), which are the rule book of the company, will have been left unchanged since the company was formed. But what happens if a shareholder gets divorced?
Succession planning, marital agreements and protecting the family business
Succession planning, and passing on family wealth to the next generation, will be a priority for many involved with family businesses. The aim will often be that the next generation work their way up the ranks, increasingly take over the day to day management, and with it, ownership.
How can mediation help couples discuss prenuptial agreements?
In this blog we explore the use of mediation for couples entering into a prenuptial agreement.

Prenuptial and post-nuptial agreements

Why is certainty important?

Our lawyers

Our experience

Our clients

Our family law teams

What you need to know

So, what happens if you decide to get a prenup?

Frequently Asked Questions

Videos from our prenuptial lawyers

Blogs from our legal experts...

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Existing clients

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