Pre & Post-Nuptial Agreements

While pre and post-nuptial agreements are not automatically binding, they are increasingly common if you want to safeguard your assets and achieve financial certainty in the event of possible relationship breakdown or divorce. 

No longer the preserve of the rich and famous, pre and post-nuptial agreements can carry decisive weight with the Court, which may hold a couple to these agreements – subject to certain conditions.  

Many couples choose pre-nuptial or post-nuptial agreements as a positive and practical way to plan for the future. 

While no one enters a marriage or civil partnership expecting it to end, a nuptial agreement can provide reassurance, clarity and peace of mind for both of you.

By setting out your shared intentions around the organisation of the family finances and the distribution of assets in advance, a nuptial agreement can help reduce uncertainty and avoid unnecessary conflict at what would already be a difficult time.

Our experienced team of specialist family lawyers is here to guide you through the process with care and sensitivity, helping you put an agreement in place that feels fair, balanced and right for your circumstances.

What is a pre-nuptial agreement?

A pre-nuptial agreement is made before marriage or entering into a civil partnership. It sets out how you and your partner would like your finances and assets to be dealt with if your relationship were to break down.

A post-nuptial agreement serves the same purpose but is entered into after you are already married or in a civil partnership.

Both types of agreement are designed to offer clarity, protection and reassurance for the future.

What can a nuptial agreement cover?

Pre-nuptial and post-nuptial agreements commonly deal with matters such as:

• Protecting assets owned before the relationship, including inherited wealth

• How property, savings and investments would be divided

• How debts would be treated

• Whether maintenance or pension sharing would be appropriate

What’s the difference between a pre-nuptial and post-nuptial agreement?

The difference is simply timing.

• A pre-nuptial agreement is made before marriage or a civil partnership

• A post-nuptial agreement is made after the relationship has legally begun

What should be included in a nuptial agreement?

A nuptial agreement usually includes a clear overview of each person’s financial position and sets out how assets would be dealt with if the relationship ended. This often includes:

• Property owned jointly or individually

• Savings and bank accounts

• Investments such as stocks, shares and premium bonds

• Inheritances

• Pensions

• Income and maintenance arrangements

• Business interests

Why consider a pre-nuptial agreement?

If you are planning to marry or enter into a civil partnership, a pre-nuptial agreement allows you to have open, honest conversations about finances and to record your wishes clearly.

If you are already married or in a civil partnership, the same reassurance can be achieved through a post-nuptial agreement.

A nuptial agreement can help to:

• Protect assets brought into the relationship

• Safeguard family businesses or trusts

• Clarify how finances and property, including the family home, would be divided

• Set out any maintenance arrangements

• Agree how personal belongings will be shared

• Make arrangements for family pets

Are pre-nuptial agreements legally binding?

In England and Wales, nuptial agreements are not automatically legally binding. However, they can carry significant weight and are often upheld by the Court if they are properly prepared.

Courts are more likely to respect an agreement where both parties entered into it freely, understood its implications and where it would be fair to uphold it in the circumstances. 

Each case is considered individually, with particular care given to factors such as the needs of any children and each person’s financial position.

Can a pre-nuptial agreement be changed?

Once signed, a pre-nuptial agreement cannot be changed. 

However, if both of you agree, its terms can be updated by entering into a post-nuptial agreement, which can replace the original agreement.

How we can help

To give your agreement the best chance of being upheld, it’s important that it is prepared by an experienced family lawyer many months in advance of the wedding ceremony.

We will guide you through every step of the process, including:

• Drafting an agreement tailored to your circumstances

• Ensuring both parties receive independent legal advice

• Supporting full and transparent financial disclosure

• Making sure you fully understand the agreement and its implications

Where international or cross-border issues arise, we can also help. We work closely with trusted specialist family law firms in other jurisdictions to ensure that you receive the right advice.

If you would like to discuss a pre-nuptial or post-nuptial agreement, our team is here to help — with clear advice, practical guidance and a supportive approach.