A prenuptial agreement (‘prenup’) might not be the first thing on your mind as you plan your wedding or civil partnership, but it is an important practical step to safeguard your assets. By setting clear terms, a prenup removes insecurity, helping you and your partner focus on building your future together with certainty.
Why consider a prenuptial agreement?
Who needs a prenup?
Contrary to popular belief, prenuptial agreements aren’t just for celebrities or the wealthy. They are a valuable option for anyone who wants to protect their assets, particularly:
- Individuals entering a second marriage
- Parents with children from previous relationships
- Those with significant assets acquired before the relationship
What does a prenuptial agreement cover?
A prenup allows couples to outline how assets, properties, and inheritances will be managed if the relationship ends. Some couples may choose to establish a similar agreement after their marriage/civil partnership, known as a postnuptial agreement, which serves the same purpose.
Are prenuptial agreements legally binding?
While prenuptial agreements are not automatically legally binding, they carry significant weight if drafted and executed correctly. A well-prepared prenup can:
- Reduce legal costs
- Minimise emotional stress during a separation
To ensure enforceability, the following requirements must be met:
- Timely execution: The agreement must be signed at least 28 days before the wedding or civil partnership ceremony.
- Full financial disclosure: Both parties must provide complete transparency about their financial situations.
- Independent legal advice: Each party should receive separate and independent legal advice.
- Fair terms: The terms of the agreement should be fair and should be reviewed regularly to reflect any changes in circumstances.
- Children: You should make suitable financial provision for any children or future children.
- Compliance with contract law: The agreement must comply with contract law.
- Voluntary agreement: Both parties must sign willingly and without undue pressure.
Planning for the unexpected can bring peace of mind, ensuring your financial interests are protected should the relationship end.
Why choose Trethowans?
Our specialist solicitors can guide you through the preparation of a prenuptial agreement to give you the best chance that a court will uphold the agreement if your relationship subsequently breaks down.
Independently recognised by leading organisations
Our family law team have been recognised by several independent organisations. We were finalists at the Family Law Awards 2024 and are acknowledged in leading legal directories; Legal 500 and Chambers.
“They handle the issues with respect and care and they are always professional and understanding. You feel as if you matter and that you are a person, not just a case” – Chambers UK Guide 2025.
Contact us today for your free initial consultation
We offer a free, no obligation initial consultation to help you understand your legal options. Our expert solicitors will listen to your concerns, answer your questions and help you consider the best way forward.
Contact us today on 0800 2800 421 or get in touch to arrange your consultation.
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