A prenuptial agreement is made before marriage or civil partnership, while a postnuptial agreement is made after marriage or civil partnership. Both can record how property, savings, inheritance, business interests, pensions and other assets should be treated if the relationship later breaks down. Lawson West’s prenuptial and postnuptial agreement solicitors can advise on whether an agreement is suitable, draft the document and explain the legal safeguards needed to give it the best chance of being considered by the court.
A prenuptial agreement is made before marriage or civil partnership, while a postnuptial agreement is made after marriage or civil partnership. Both record how property, savings, inheritance, business interests, pensions and other assets should be treated if the relationship later breaks down. At Lawson West, we’ll advise you on whether an agreement is right for your situation, draft the document and explain the legal safeguards that give it the best chance of being upheld by the court.
| Agreement type | When it is made | What it is used for |
|---|---|---|
| Prenuptial agreement | Before marriage or civil partnership | Sets out how assets, property, savings, business interests, inheritance or other financial matters should be treated if the relationship breaks down. |
| Postnuptial agreement | After marriage or civil partnership | Records similar arrangements after the couple is already married or in a civil partnership, often following a change in finances, inheritance, business ownership or family circumstances. |
Prenuptial and postnuptial agreements are not automatically legally binding in England and Wales. However, the court will give significant weight to an agreement when both people entered into it freely, understood its implications, gave full financial disclosure, received independent legal advice and the outcome was fair.
The Supreme Court decision in Radmacher v Granatino remains the leading authority. The key principle is that the court should give effect to a nuptial agreement entered into freely by both parties, with full understanding of its implications, unless it would be unfair to do so.
Legal advice on a prenuptial or postnuptial agreement is often worth seeking in the following situations:
A prenuptial or postnuptial agreement deals with property, savings, pensions, business interests, inheritance, family gifts, debts, maintenance expectations and how certain assets should be treated if the relationship breaks down. It also records arrangements designed to protect children from a previous relationship.
Several factors strengthen a nuptial agreement and make it more likely to be upheld:
Our Family Law team will advise on whether a prenuptial or postnuptial agreement is right for you, explain what to include, guide you through financial disclosure, draft the agreement and recommend future review points. We’ll also support you if you have been asked to sign an agreement prepared by your partner’s solicitor.
If you are thinking about a prenuptial or postnuptial agreement, we’ll talk through your situation, prepare the agreement and explain the safeguards that make it more persuasive should it ever be considered by the court.
Arrange a free initial discussion with our team of family law solicitors in Leicester. We’ll listen first, then explain exactly how a prenuptial or postnuptial agreement could work for you.
Yes. Each person should receive independent legal advice from a separate solicitor. This demonstrates that both people understood the agreement and signed without pressure.
A prenuptial agreement should be discussed well before the wedding or civil partnership — ideally several months in advance. Leaving it until close to the ceremony risks later arguments that one person felt pressured into signing.
Yes. We’ll review the proposed prenuptial or postnuptial agreement with you, explain its legal effect and advise on whether the terms are fair before you sign.
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The Office for National Statistics published a review in 2017 which revealed that the number of unmarried couples living together has more than doubled from 1.5 million in 1996 to 3.3 million in 2017. This makes households of cohabiting couples the second largest family type in the UK, and the fastest growing. If this applies to you, it is important to know exactly what legal rights and entitlements you have.
