Prenuptial Agreement Solicitors London

Protecting your assets and providing certainty for the future

Prenuptial and Postnuptial Agreement Solicitors

A prenuptial or postnuptial agreement can provide clarity and protection for both parties, helping to avoid costly disputes if the relationship breaks down. At T&S Legal, we draft agreements that are fair, comprehensive, and designed to be upheld by the courts.

Couple holding hands with engagement ring — prenuptial agreement solicitors London

Why Consider a Prenuptial Agreement?

A prenuptial agreement is particularly valuable if:

  • You are bringing significant assets into the marriage
  • You own a business or have shareholdings
  • You have children from a previous relationship and want to protect their inheritance
  • You have received or expect to receive a substantial inheritance
  • There is a significant difference in wealth between you and your partner
  • You have assets in other countries

A well-drafted prenuptial agreement provides certainty for both parties and can significantly reduce the cost and stress of any future divorce proceedings.

What Makes a Prenuptial Agreement Enforceable?

While prenuptial agreements are not automatically binding in England and Wales, the Supreme Court ruling in Radmacher v Granatino (2010) established that they should be given decisive weight provided:

  • Both parties entered into the agreement freely and voluntarily
  • Both parties had a full understanding of the implications of the agreement
  • There was full and frank financial disclosure by both parties
  • Both parties received independent legal advice
  • The agreement is fair and does not leave either party in a position of financial hardship

We ensure every agreement we draft meets these requirements.

The Process

1. Initial Consultation

We discuss your circumstances, your assets, and what you want the agreement to achieve.

2. Financial Disclosure

Both parties provide full disclosure of their financial position. This is essential for the agreement to carry weight.

3. Drafting

We prepare a draft agreement tailored to your specific circumstances and goals.

The other party reviews the agreement with their own solicitor. We can recommend suitable firms if needed.

5. Negotiation and Finalisation

Any amendments are discussed and agreed. The final agreement is signed by both parties, ideally at least 28 days before the wedding.

Postnuptial Agreements

A postnuptial agreement works in the same way as a prenuptial agreement but is entered into after the marriage. You might consider one if:

  • You did not have a prenuptial agreement and now wish to formalise arrangements
  • Your financial circumstances have changed significantly since the marriage
  • You want to update or replace an existing prenuptial agreement
  • You are reconciling after a period of separation

Our Approach

We understand that raising the subject of a prenuptial agreement can feel uncomfortable. We approach these matters with sensitivity and discretion, focusing on achieving an outcome that provides protection and peace of mind for both parties.

Contact us to discuss your situation in confidence.

How We Can Help

  • Prenuptial agreements
  • Postnuptial agreements
  • Cohabitation agreements
  • Reviewing and advising on existing agreements
  • International prenuptial agreements

Frequently Asked Questions

Are prenuptial agreements legally binding in England and Wales?
Prenuptial agreements are not automatically legally binding, but the courts give them significant weight provided certain conditions are met. The agreement must be entered into freely, with full financial disclosure, and both parties must have received independent legal advice. We draft agreements designed to be upheld by the courts.
When should I get a prenuptial agreement?
We recommend starting the process at least three to six months before the wedding. This allows time for proper financial disclosure, independent legal advice for both parties, and avoids any suggestion that either party was pressured into signing close to the wedding date.
What can a prenuptial agreement cover?
A prenuptial agreement can cover the division of property, savings, investments, business interests, pensions, and inheritance. It can also address spousal maintenance. It cannot make binding provisions about children, as the court always retains discretion over children's welfare.
What is the difference between a prenuptial and postnuptial agreement?
A prenuptial agreement is signed before marriage; a postnuptial agreement is signed after. Both serve the same purpose and are treated similarly by the courts. A postnuptial agreement can be useful if circumstances change during the marriage.
Do both parties need their own solicitor?
Yes. For the agreement to carry weight with the courts, both parties should receive independent legal advice from separate solicitors. We can advise one party and recommend a suitable solicitor for the other.
Can a prenuptial agreement be changed after the wedding?
Yes. If circumstances change, you can enter into a postnuptial agreement to update or replace the original prenuptial agreement. We recommend reviewing your agreement periodically, particularly after significant life events such as the birth of a child or a change in financial circumstances.