Pre and post-nuptial agreements

Nuptial agreements are increasingly recognised by the courts in England and Wales as a valuable tool for couples who wish to clarify their financial arrangements in the event of separation or divorce.

At TWM Solicitors, whether you are planning a marriage, civil partnership, or reviewing existing arrangements, our Family Law team can guide you through the process with sensitivity and expertise.

What is a nuptial agreement?

A nuptial agreement is a legal document entered into by a couple either before marriage (pre-nuptial) or after marriage (post-nuptial). It sets out not only how assets and finances will be divided if the relationship ends but also how they may be treated during the marriage. Previously considered to be unromantic, these agreements can provide clarity, reduce conflict, and protect individual interests, particularly in cases involving inherited wealth, business assets, or protecting assets for children from previous relationships.

Are nuptial agreements legally binding?

While nuptial agreements are not automatically binding under the law in England and Wales, the courts will generally uphold them if certain conditions are met.

Following the landmark case of Radmacher v Granatino, courts will generally give effect to a nuptual agreement that:

• Was freely entered into by both parties
• was made with a full understanding of its implications.

Unless under the circumstances it would not be fair to hold the parties to the agreement.

It is essential that both parties receive independent legal advice from a specialist family lawyer. It is also recommended that pre-nuptial agreements are entered into at least 28 days before the legal ceremony.

What can be included?

A well-drafted nuptial agreement typically covers:

• Ownership and division of property and assets owned at the time of entering into the agreement
• Treatment of gifts or inheritance acquired in the future
• Financial provision for the parties
• Consideration of needs if there are children to be provided for
• Treatment of debts and liabilities.

How we can help

At TWM, our nuptial agreement solicitors offer expert advice on drafting, reviewing, and negotiating pre and post-nuptial agreements tailored to your unique circumstances. If you are planning a marriage or civil partnership or are looking for advice on the implications of taking this step, please reach out to our family law specialists sooner rather than later so there is plenty of time to advise you.

We understand that the idea of a nuptial agreement can create distress as there is a focus on the relationship breaking down, but we will guide you through the process with sensitivity and professionalism.