Our Prenuptial Agreement Solicitors Promise

A prenuptial agreement or ‘prenup’ for short, is a written contract created and agreed upon by two people before they are married. The overarching goal of a prenuptial agreement is to specify what each person’s rights are in the event of the marriage ending and who gets what.

Prenuptial agreements normally include each parties’ rights to:

• Property
• Debts
• Income
• Jointly purchased assets
• Assets that are acquired individually

You’ll need to ensure if your position changes on anything agreed upon in the prenuptial agreement, that it’s updated. If not, you may invalidate your prenup. 

In England and Wales, to make a prenuptial agreement, you must fulfil all of the following:

• The prenuptial agreement must be made at least 28 days before marriage.
• Each party receives independent legal advice about the prenuptial agreement.
• Each party fully disclosed all of their financial wealth, and no assets were hidden.
• Neither party was pressured to sign the agreement.
• The agreement is fair and realistic. If the division of assets is weighted too heavily in favour of one party, it may be judged as unfair by the courts.

The prenuptial agreement will need to be reviewed and amended during the course of the marriage, especially when children are born.

Currently, in the UK, prenups aren’t automatically legally binding.

However, the family courts are increasingly holding divorcing couples to these agreements so long as the agreement is correctly drafted and reviewed. Furthermore, the court must be happy with the agreement’s fairness.

If a judge considers that a couple didn’t follow the correct process when drafting their prenuptial agreement, it’s unfair or is outdated, the agreement is likely to be invalidated

Depending on how complicated the prenuptial agreement is, our family law solicitors charge from £3,000 + VAT.

Furthermore, if you are looking to review a prenuptial agreement that another solicitor has made, we can do this on an hourly rate basis.

We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono work at present.