Prenuptial, postnuptial agreements & asset protection

How our family team can assist you with prenuptial agreements and asset protection

Whether you are about to marry or have tied the knot and are living happily with your spouse, it can feel unromantic to think about what would happen if you split up. However, in some circumstances it is only sensible to ensure that your financial assets are safeguarded.

A prenuptial or postnuptial agreement is arguably the best way to ensure that should your marriage end, there will be as little conflict as possible over property, business interests or money.

Covering Bromley, West Wickham, Beckenham, Sevenoaks and London, our family solicitors are experienced in advising upon prenuptial agreement (an agreement drawn up before marrying) or a postnuptial agreement (an agreement drawn up after marriage) giving you long-term peace of mind.

Pre-Nuptial and Post-Nuptial Agreements – FAQs

Many couples seek legal advice about prenuptial agreements (“prenups”) and post-nuptial agreements (“postnups”) when planning their future together. These agreements can help clarify financial arrangements, property ownership and asset protection if a relationship later breaks down.

We answer below some of the most common questions regarding nuptial agreements and divorce financial arrangements.

What is a prenuptial agreement?

A prenuptial agreement, often referred to as a “prenup” or “pre-marital agreement”, is a legal document that sets out what a couple intends to happen to their money, property, savings, pensions and other assets if their marriage or civil partnership ends through separation or divorce.

Many couples consider a prenup when they wish to protect assets owned before marriage, ring-fence inherited wealth or family assets, or clarify how finances may be divided if the relationship ends.

The legal framework comes from divorce law and a key Supreme Court decision in 2010 (Radmacher v Granatino), which established that courts should generally give weight to nuptial agreements freely entered into with full understanding, unless doing so would lead to an unfair outcome.

What is a postnuptial agreement?

A post-nuptial agreement, often referred to as a “postnup”, is similar to a prenup but is entered into after marriage or civil partnership.

Couples may consider postnuptial agreements after marriage where:

• No prenup was signed before the wedding
• Their financial circumstances have changed significantly
• They wish to protect new assets, property or business interests

A separation agreement is a type of post-nuptial agreement used when couples separate but do not yet wish to begin divorce proceedings.

Why enter into a nuptial agreement?

There are many reasons couples seek advice from a family solicitor about prenups or postnups, including:

• One partner has significantly greater wealth, income, investments or business interests
• Protecting assets owned before marriage such as property, savings, inheritances or family trusts
• Clarifying what counts as matrimonial property versus non-matrimonial property
• Protecting assets intended for children from previous relationships
• Addressing international assets, overseas property or cross-border financial interests

Are prenups and postnups legally binding?

In England and Wales, nuptial agreements are not automatically legally binding, but courts often give them significant weight when deciding financial settlements during divorce proceedings.

While the court always retains discretion, an agreement is more likely to be upheld where certain safeguards are followed.

To improve enforceability:

• Both parties should provide full financial disclosure of assets, income, pensions and liabilities
• Each person should obtain independent legal advice from a family law solicitor
• The agreement should be signed well before the wedding (ideally at least 21 days beforehand)
• The agreement should include review clauses for major life events, such as having children or significant financial changes

What makes a nuptial agreement more likely to be upheld?

When considering a prenup or postnup, courts may look at factors including:

• Independent legal advice for both parties
• Full and frank financial disclosure
• Fair terms that meet each party’s reasonable financial needs
• Whether the agreement was signed freely and without pressure
• Whether there was any fraud or misrepresentation about finances
• Proper legal formalities, such as signing the agreement as a deed and having it witnessed

These factors are particularly relevant when agreements are considered during divorce financial remedy proceedings.

What can a nuptial agreement include?

A well-prepared prenup or postnup can address a wide range of financial and property matters, including:

• Ownership of property brought into the marriage, including houses, investment property or savings
• How the family home or matrimonial home will be treated
• Inheritance, family wealth or trust income
• Joint accounts and jointly purchased property
• Personal belongings and savings
• Pensions, investments and outstanding debts
• Spousal maintenance or financial support arrangements
• Confidentiality clauses protecting financial privacy
• Provisions relating to children and links with estate planning or Wills
• Costs of preparing the agreement, including legal fees

However, a nuptial agreement cannot remove the court’s jurisdiction or restrict financial provision for children.

What happens if we have children?

Children’s interests always take priority. Courts will consider the welfare and financial needs of any children when deciding financial arrangements following separation.

For this reason, many nuptial agreements include review clauses triggered by the birth or adoption of children, ensuring the agreement remains fair if circumstances change.

Courts are unlikely to uphold terms that would negatively affect a child’s housing or financial support.

How do international elements affect a nuptial agreement?

Where either party has links to another country, specialist international family law advice may be required.

This may be relevant where couples have:

• Property abroad
• Overseas investments or business interests
• Dual nationality or residence in multiple countries

In some cases, mirror agreements or translations may be recommended to improve enforceability in other jurisdictions.

What are the advantages and disadvantages of nuptial agreements?

• Advantages
  • Greater certainty over financial arrangements if the marriage ends
  • Protection of assets acquired before marriage
  • Helpful for inheritance planning, family wealth protection and safeguarding business assets
• Disadvantages
  • Courts retain ultimate authority when determining financial settlements on divorce
  • Agreements can create a false sense of certainty if not carefully drafted
  • Lack of legal advice or financial disclosure may reduce enforceability
  • Circumstances can change, meaning agreements may require periodic review

What if one party no longer wishes to follow the agreement?

If one party seeks to disregard the agreement during divorce proceedings, the other party can ask the court to take the prenup or postnup into account when determining the financial settlement.

The court will decide the weight given to the agreement based on fairness and whether it was entered into voluntarily, with proper advice and full financial disclosure.

Thinking about your next steps with a family matter?

We’re offering a free 30-minute telephone consultation to help you understand how our firm supports clients through divorce, parenting arrangements, property matters and more. This initial conversation is designed to learn about your situation, answer general questions about our services, and help you decide whether we’re the right fit for you.

There’s no obligation—just a chance to talk with a dedicated family lawyer and explore your options moving forward. Terms and conditions apply please speak to the team for more details.

After your free consultation, we may invite you to become a client of the firm. Until you formally engage us, we are still able to speak with your ex-partner or spouse if they contact us separately. Once you choose to instruct us, we will represent you exclusively and will no longer be able to speak with them about the matter.