Prenuptial agreements—often called ‘prenups’—were once chiefly associated with the rich and famous in the United States. Today, however, they have become an increasingly sensible option for many couples in the UK. These agreements set out how assets and finances will be managed within a marriage or civil partnership and, crucially, how they should be divided if that relationship ends. Below is an overview of how prenups work, their legal standing, and how we at HM & Co. Solicitors can help.

What is a Prenup?

A prenuptial agreement is a written contract signed by a couple before they marry or enter into a civil partnership. It aims to:

• Identify each partner’s assets, like property, savings, and investments
• Outline how any future assets and debts should be divided in the event of a divorce
• Clarify financial responsibilities during the marriage

While commonly used to protect property or wealth acquired before marriage, prenups can also address spousal maintenance, the future handling of inherited assets, and more.

How Does a Prenup Work?

1. Full Disclosure
   Both partners must share all assets and liabilities (such as property, savings, mortgages, loans). Any asset not revealed may not be governed by the prenup.
2. Negotiation
   The couple discusses how finances will be managed during the marriage and divided if they divorce. This stage can include everything from spousal maintenance to dividing particular properties or other investments.
3. Legal Counsel
   Each partner seeks independent legal advice, ensuring neither is coerced and both fully understand the agreement’s implications.
4. Drafting
   A solicitor prepares the agreement, clarifying each term you have decided upon.
5. Signing
   Both partners sign the finalised document at least 28 days before the wedding or civil partnership registration.
6. Review
   Over time, especially after life changes (e.g. having children, a significant rise in income), it’s wise to revisit and update your prenup to ensure it stays fair and accurate.

Are Prenups Legal in the UK?

Prenuptial agreements in England and Wales are not automatically legally binding. However, since the Radmacher v Granatino (2010) ruling, courts have increasingly recognised the importance of a well-prepared prenup. As long as it’s fair, freely entered into, and you’ve both had legal counsel, the courts are likely to respect it.

Can I Get a Prenup After Marriage?

Yes—this is known as a postnuptial agreement. It follows the same principles as a prenup but is signed after you’re already married or in a civil partnership. Postnups can prove helpful if circumstances change during the marriage (e.g. unexpected inheritance, new business ventures, or you now have children). Again, though not automatically binding, postnups are more likely to be upheld if they meet the same criteria as prenups.

Does a Prenuptial Agreement Expire?

Generally, prenups do not have an automatic expiry date. However, you can include provisions for review or termination after certain events, such as:

• The birth or adoption of a child
• A set number of years of marriage
• Substantial financial changes

Regularly updating your prenup after such life changes helps it remain relevant and fair to both parties.

Can I Write My Own Prenup?

Technically, it’s possible to draft a prenup without professional help. However, we strongly recommend working with a solicitor. An expertly prepared agreement reduces the risk of future disputes and increases the likelihood that the court will uphold it.

How Do I Get a Prenup?

1. Discuss with Your Partner: Agree on the main financial terms you both want to include.
2. Seek Independent Legal Advice: Each partner meets with their own solicitor.
3. Draft the Agreement: Your solicitor will prepare the document, ensuring it meets legal requirements.
4. Finalise & Sign: Do this at least 28 days before your wedding or civil partnership.

At HM & Co. Solicitors, we’re on hand to help you navigate each stage, ensuring that your prenuptial agreement is thoughtfully structured and tailored to your unique situation.

Need Further Help?
If you want to learn more about prenuptial agreements, postnuptial agreements, or any other aspect of family law, contact us:

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Our family law specialists can guide you through the process, ensuring clarity and peace of mind before you begin your new chapter.