FAQ

Nuptial agreements

A nuptial agreement can give you both clarity and peace of mind about your finances, before or during your marriage or civil partnership. These answers cover some of the most common questions about prenuptial and postnuptial agreements, what they can include and how much weight they carry. For advice on your own circumstances, please contact our team.

Are pre-nuptial agreements legally binding in England and Wales?

Not automatically, but courts will usually uphold one if you both entered into it freely, with full financial disclosure and independent legal advice, and its terms are fair. The government has proposed making qualifying agreements fully binding, but that change isn’t law yet.

How much does a pre-nuptial agreement cost?

The cost depends on how complex your finances are, for example whether there are businesses, trusts or assets abroad, and each of you will need your own solicitor. We’ll give you a clear fee estimate before any work starts.

What can and can’t a pre-nuptial agreement cover?

It can set out how property, savings, businesses, pensions, inheritances and maintenance would be divided if you divorce. It can’t decide arrangements for children, and a court won’t hold you to terms that leave either of you, or your children, in real need.

How long before the wedding should we sign a pre-nuptial agreement?

Ideally at least 28 days before the wedding, so neither of you can say you were pressured. Start several months ahead to leave time for disclosure, advice and negotiation.

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

A pre-nuptial agreement is signed before the wedding, and a post-nuptial agreement is signed after it. Courts treat the two in much the same way.

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