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.

Are you considering protecting your wealth ahead of marriage? Private wealth protection, such as prenuptial agreements, otherwise known as 'prenups', can provide certainty if and when a relationship breaks down.

We regularly help clients to plan for the future, whether that's with wills, estate and succession planning or protecting owner-managed and family businesses. As a law firm with a place in the Legal 500 rankings, you can count on us to use an unrivalled, multi-disciplinary approach. Our global network of contacts and practical experience mean that you'll have access to some of the best legal minds around. We want you to be confident in our ability to advise you, whatever the circumstances.

To find out how we can help you to get peace of mind, get in touch with our team today.


What are prenuptial agreements?

Also known as 'prenups', prenuptial agreements are made by a couple before getting married or entering into a civil partnership. They outline how assets should be split between the couple in the event of a divorce or the end of their civil partnership.

Prenups are a form of wealth protection that allows you to protect your assets and live as comfortably as possible after a divorce. Any form of wealth or asset that you've accumulated before marriage, during your marriage or even after you've separated can be included in a prenuptial agreement.

They can also be used to confirm what rights children from previous relationships have to certain assets, set out what should happen to you and your partner's assets on death and clarify what should happen to certain assets to protect you children's and grandchildren's inheritance. 


What is the history of prenuptial agreements in the UK?

A prenup isn't a legally binding agreement; however, if it meets the qualifying criteria set by the Supreme Court, there is a presumption that it will be upheld by the Family Court.

In 2010, the Supreme Court decided that the courts should give more weight to prenups but retain the ultimate decision on whether they should be upheld, taking into account whether the agreement meets the criteria and is fair to both parties. This ruling also set out the circumstances in which a prenuptial agreement should be binding.


What is needed for a prenuptial agreement?

For your prenuptial agreement to be upheld in court, these are the main considerations:

  • Both parties must have received legal advice and be fully informed of what prenup agreements involve and understand the implications of the agreement.
  • The agreement must be fair.
  • The agreement must be contractually valid, therefore it should be drawn up by a qualified family solicitor.
  • Both parties's needs should be met and they must enter the prenup agreement freely.
  • Fully disclosure off all assets at the time that the agreement is drawn up.
  • The prenuptial agreement must have been made at leats 28 days before the wedding.

Our prenuptial agreement lawyers

We have some of the UK's best family law solicitors under our wing, with a dedicated wealth protection and prenups team.

Our prenup solicitors are used to preparing strategies for complex situations and we know that there is no such thing as "one size fits all" when it comes to effective wealth protection. To speak with one of our prenup lawyers, get in touch using our online form.


Our prenuptial agreements experience

Our experience goes hand-in-hand with specialist expertise across the firm. It really is a team effort. Clients with whom our solicitors have recently worked on prenuptial agreements include:

  • Beneficiaries of trusts.
  • Business owners and entrepreneurs who are looking to protect their businesses for future generations.
  • Couples at the start of their lives together looking for cohabitation agreements and declarations of trust to protect property and financial interests.
  • International families for whom wealth protection has involved co-ordinating advice from several different countries.
  • People who are marrying for a second time, wanting to pass on their wealth to their children from a previous relationship.

Our clients

Our prenup clients come from a variety of backgrounds:

  • Business owners, entrepreneurs and their partners
  • Blended families
  • High net worth and ultra-high net worth families
  • Individuals looking to preserve and pass down wealth to future generations
  • International families
  • Professional and family trustees
  • Farming families
  • People with a high profile in the sports and entertainment industries and their partners
  • Senior management and other professionals and their partners

Why choose Mills & Reeve for prenuptial agreement lawyers?

Our team of specialist prenuptial agreement lawyers have drawn up prenups for couples in all kinds of circumstances. Here's why you should choose us:


Get in touch with a specialist prenuptial agreement lawyer today

Are you keen to pursue a prenuptial agreement to help to protect your wealth? Our team of experts are here to help. Sign up for updates from Mills & Reeve or get in touch using our online form to see how we can help. Alternatively, you can call us on 0344 880 2666.


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