Frequently Asked Questions

A prenuptial agreement, or “prenup,” is a legal document created by a couple before their marriage or civil partnership. It outlines how assets, finances, and obligations will be managed during and after the marriage.

While not legally binding under English law, prenups are considered “evidential.” This means that courts may take them into account, provided certain conditions are met. The landmark case Radmacher v Granatino (2010) established that a prenup will carry weight if both parties entered into it freely, fully understood its implications, and if it is fair in the given circumstances.

Marriage and civil partnership significantly change how the assets of the partners are treated under the law. Individual assets and future entitlements may become part of the marital estate, and one partner may be able to claim a share of the assets of the other in a divorce. A prenup can clarify in advance which assets are to be considered to be marital assets and which assets are to be excluded, offering couples an opportunity to discuss and agree on financial arrangements before marriage.

There is no legal requirement for couples to enter into a prenup agreement. However, prenup agreements are particularly beneficial where:

• there are business assets;
• there are family trusts or properties;
• there are children from a previous relationship;
• there are future inheritance prospects or inherited assets;
• either party has pre-acquired wealth or assets;
• one party has a greater asset base or income than the other;
• either party has a connection with another jurisdiction; and
• either party has been married before.

The court has discretionary jurisdiction when it comes to granting financial remedies following the breakdown of a marriage or civil partnership. Prenup agreements are not strictly enforceable under English law, but the courts have shown a definite willingness to exercise their discretion in a manner that gives effect to the terms of properly drafted prenup agreements so long as the outcome is fair.

A prenup agreement must be put in place prior to a marriage or civil partnership, usually at least 30 days beforehand.

Typical reasons why partners may enter into a prenup agreement include the following:

• Open Financial Discussions: A prenup provides a structured opportunity to discuss financial matters and future goals, supported by professional guidance. While these conversations can be challenging, they lay the groundwork for mutual understanding.
• Business or Property Ownership: If one partner owns businesses or property with others, a prenup can reassure investors, lenders, and partners that marriage won’t alter these relationships.
• Preserving Business Ownership: For those whose primary income comes from a business, a prenup can ensure the business remains with its owner, even if its proceeds (e.g., salary, dividends, or sale profits) are shared between the couple.
• Future Inheritance: Inheritance is deeply personal, often representing a lifetime’s achievements. A prenup can help ensure that inheritance is preserved for relatives and kept separate from marital assets, reducing the need for sensitive provisions in wills.
• Providing Support: A fair prenup ensures both partners are looked after in case of death or separation. To be enforceable, the agreement must treat both parties fairly and provide adequately for each.
• Complex Family Dynamics: If one partner has children from a prior relationship, is a caregiver, or supports a former partner, a prenup can safeguard financial support for those who depend on them.

We aim to complete your prenup within two weeks of signing the engagement letter, subject to timely reviews and responses from both parties. The prenup agreement should be signed at least 30 days prior to your marriage or civil partnership and so we advise engaging us at least two months before the date of your ceremony where possible.

Yes, with the agreement of both parties. Indeed many prenup agreements contain specific review provisions and it is sensible to review the terms of a prenup agreement when certain material life events take place, the most obvious being if the couple subsequently have children.

The terms of some prenup agreements may require that the parties enter into a will, and may even specify some of the terms of that will. Even if your prenup agreement doesn’t contain such a provision, it is always sensible to sign a will to ensure that there is clarity as to your wishes in the event that you pass away.

Both parties to a prenup agreement should be independently advised by a solicitor. Prenup Solicitors cannot advise both you and your partner and so your partner will need to instruct their own solicitor.

No, we can only advise one party to a prenup agreement. Your partner will need to instruct their own solicitor.

What we charge you is fixed and is set out in the engagement letter. We won’t charge you more if the work takes longer than we initially expected.

We charge a fixed fee of £3,999* (inclusive of VAT) when drafting and negotiating a prenup agreement and £1,999* (inclusive of VAT) when reviewing, advising on and negotiating a prenup agreement drafted by another firm of solicitors. Our fees include assisting with financial disclosure (which is a mandatory part of entering into a prenup agreement).

*The fixed fees quoted above are conditional on the prenup agreement falling within our standard scope of work. For prenup agreements that fall outside our standard scope of work we may charge more. We will quote you a fee prior to commencing any work on prenup agreements that are outside of our standard scope of work.

You have to pay our fees once the prenup agreement has been agreed with your partner, prior to us arranging execution of the prenup agreement and the related documentation.

Financial disclosure involves each party disclosing a summary of their assets and liabilities in a transparent manner to the other party. This is a key element of entering into a prenup agreement and ensures that both parties understand the financial position of their partner. The courts place significant emphasis on full and fair financial disclosure and so it is important that you are honest and transparent in this process.

In practical terms, yes. The courts require that prenup agreements are fair on both parties and that both partners entered into the prenup agreement with a clear understanding of their rights and obligations. This means that they understood the financial position of their partner. 

Yes, we are very happy to provide independent legal advice in these circumstances. We charge a fixed fee of £1,999* (inclusive of VAT) when reviewing, advising on and negotiating a prenup agreement drafted by another firm of solicitors. Our fees include assisting with financial disclosure (which is a mandatory part of entering into a prenup agreement).

*The fixed fees quoted above are conditional on the prenup agreement falling within our standard scope of work. For prenup agreements that fall outside our standard scope of work we may charge more. We will quote you a fee prior to commencing any work on prenup agreements that are outside of our standard scope of work.