Prenuptial and Postnuptial Agreements Solicitors
Planning for the future is an important step in any relationship. Whether you are entering into marriage or a civil partnership, or are already in one, prenuptial or postnuptial agreements can offer reassurance and clarity about financial arrangements. At Goodman Ray Solicitors, our experienced family law team provide sensitive, practical advice to help protect your interests and support constructive discussions with your partner.
What are prenuptial and postnuptial agreements?
A pre-nuptial agreement can be entered into by a couple prior to their marriage or civil partnership. A post-nuptial agreement can be entered into by a couple after their marriage or civil partnership. The agreement can show what the couple intend to do with their money or property if the marriage or civil partnership were to end. It can also show how the couple’s money or property is to be treated during the relationship.
Although prenuptial and postnuptial agreements are not legally binding in England and Wales, in a decision of the Supreme Court in 2010 (Radmacher v Granatino) the court said: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’. Therefore the terms of a nuptial agreement may be decisive in the event of a dispute that is dealt with by the court, unless the effect of the agreement would be unfair.
Our approach
If you are considering entering into a pre-nuptial or post-nuptial agreement, there are many elements that will need to be carefully considered. We are here to advise on the best outcome possible for you.
We appreciate that these can be difficult conversations to have with a partner and will help advise you on options to approach discussions. You can negotiate an agreement using mediation or collaborative law, or by using solicitors to negotiate and draft the terms of the agreement on your instructions.
It is good practice to finalise the agreement in good time before the wedding or civil partnership ceremony (ideally a minimum of 21 days prior to the ceremony), so that neither of you feels undue pressure to agree to anything. It can take time to deal with financial disclosure, negotiations and legal advice, so it is important to plan in advance.
Top tips in drafting a Pre-Nuptial and Post-Nuptial agreement:
- Get organised and exchange full and frank financial information
- Consider all available process options for coming to an agreement together (collaborative law, mediation, solicitor led negotiation)
- Instruct separate solicitors and both receive independent legal advice on the pros and cons of entering into the agreement and its content
- Finalise the agreement in good time before the wedding and commit it to writing (for prenuptials only)
- If assets are held in more than one country, take advice in that jurisdiction as well
- Consider a review clause and committing to keeping the agreement up to date and relevant
- Sign the agreement in the presence of a witness.
Find out more about prenuptial and postnuptial agreements by downloading and reading our guide which contains our top tips for making prenuptial and postnuptial agreements.
Get in touch with our Prenuptial and Postnuptial Agreements Solicitors
If you are getting married or entering a civil partnership and wish to discuss your options regarding a pre-nuptial agreement, or perhaps you are already married or in a civil partnership and wish to discuss your options regarding a post-nuptial agreement, then we can help.
Please get in touch using whichever method is easiest for you. You can use the form on our website, you can email us at mail@goodmanray.com or email the solicitor you would like to work with here directly using the email address on their profile. Alternatively, feel free to ring us on 020 7608 1227 and you will be able to speak with someone who can discuss how we can assist you.
Pre-Nuptial and Post-Nuptial Agreements FAQs
While not automatically legally binding, courts usually give effect to agreements freely entered into with full understanding, unless it would be unfair to enforce them (Radmacher v Granatino, 2010). A well-prepared agreement can therefore carry significant weight.
Agreements can cover how assets, property, savings, and pensions are managed during the relationship and divided if it ends. They can also include provisions for financial support and arrangements for children, as long as they are fair and reasonable.
It is best to finalise a prenuptial agreement well in advance—ideally at least 21 days before the ceremony—to ensure there is enough time for full financial disclosure, independent legal advice, and careful consideration without pressure.
Yes. A post-nuptial agreement can be made at any point during a marriage or civil partnership. It can clarify financial arrangements, protect assets, and help prevent disputes in the future. Like prenuptial agreements, it carries weight with the court if entered into fairly with full understanding by both parties.
A prenuptial agreement is a legal contract signed by a couple before they get married or enter into a civil partnership. Commonly known as a “prenup,” it outlines how their assets and financial responsibilities will be handled in the event of a future separation or divorce. It serves to clarify and protect each person’s pre-marital property, such as inheritances, investments, or trust funds, and can also make provisions for assets acquired during the marriage. While prenups are not always automatically legally binding in some jurisdictions, they are taken seriously by courts, particularly if they are fair, transparent, and both parties had full financial disclosure and legal advice.
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☎️ Call our London office on 020 7608 1227
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