Prenuptial Agreements
Protecting your financial future before marriage
If you are planning to get married, you may wish to consider a prenuptial agreement to protect your assets and provide clarity about your financial arrangements. Our family law team at Descartes Solicitors is here to help — in person, over the phone, or online.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written legal document entered into by a couple before marriage. It sets out how their assets, property, and finances will be divided in the event of a divorce or separation.
The purpose of a prenuptial agreement is to provide certainty and transparency, helping both parties to understand their rights and obligations from the outset.
What Does a Prenuptial Agreement Cover?
A prenuptial agreement can cover all aspects of your financial life and future plans. It allows you and your partner to decide how property, savings, income, and other assets should be treated during the marriage and divided if the relationship ends.
It can be used to protect assets you owned before marriage, such as property, savings, or business interests. It can also preserve inheritances or family wealth, protect you from your partner’s debts, and clarify control or ownership of a family business.
Essentially, it enables both parties to have a clear, mutual understanding of what will happen financially if the marriage breaks down.
Why Consider a Prenuptial Agreement?
You may wish to make a prenuptial agreement if you want to establish how your finances and property will be managed during your marriage and how they will be divided should you divorce.
This type of agreement can help protect your financial position, reduce uncertainty, and minimise the emotional and financial stress of future disputes. It offers security for both partners and ensures your wishes are considered by the court if your relationship comes to an end.
What Can Be Included in a Prenuptial Agreement?
Prenuptial agreements are highly flexible and can be tailored to meet your personal and financial circumstances. They can include details about inheritance, property owned individually or jointly, savings, shares, pensions, business interests, and income.
Our family law team will advise you on what is appropriate to include and ensure that the document reflects your intentions clearly and fairly.
However, certain matters cannot be included in a prenuptial agreement. The document cannot cover personal lifestyle arrangements, matters that are illegal or unfair, or issues relating to child custody and child support. These matters will always remain subject to the court’s discretion.
How Long Does a Prenuptial Agreement Last?
A prenuptial agreement remains valid for the duration of your marriage. It will come into effect once you are married and continue to apply unless it is replaced by another agreement, such as a post-nuptial agreement made later.
Are Prenuptial Agreements Legally Binding?
Prenuptial agreements are not automatically legally binding in the UK. However, courts now generally give significant weight to them if certain conditions are met and the agreement has been properly prepared.
For a prenuptial agreement to be enforceable, both parties must enter into it freely and willingly, with full understanding of its implications. Each person should receive independent legal advice and disclose all relevant financial information before signing.
The agreement should be made by deed, signed by both parties, and include a statement confirming that they understand it is intended to be enforceable. It should not be signed within 28 days of the marriage or civil partnership.
The terms must also be fair and must not prejudice the reasonable needs of any children. The court will retain ultimate discretion over financial orders, but a well-drafted agreement will carry considerable influence.
Can a Prenuptial Agreement Be Changed After Marriage?
Once you are married, a prenuptial agreement cannot be altered. However, if you wish to change the terms, you can make a post-nuptial agreement, which is similar in purpose but created after marriage. Our family law team can assist you with this process if your circumstances change.
How Do I Make a Prenuptial Agreement?
To ensure your agreement is valid and effective, it should be professionally drafted and reviewed by experienced legal professionals.
Both parties should receive independent legal advice, fully disclose all assets and liabilities, and confirm that they understand and agree to the terms willingly.
Our family law team will guide you through every stage — from initial discussions to final signing , ensuring that the agreement is fair, clearly written, and compliant with legal requirements.
Does a Prenuptial Agreement Protect Future Earnings?
A prenuptial agreement can protect future income and earnings if this is expressly stated in the document. Including a clause addressing future financial growth, bonuses, or investments ensures that your future wealth is protected in line with your wishes.
Why Choose Descartes Solicitors
Our family law team has extensive experience in preparing, reviewing, and advising on prenuptial agreements. We take a meticulous approach to ensure that every detail is addressed, providing clarity, fairness, and peace of mind.
We handle each case with sensitivity and care, ensuring that your interests are fully protected and your future financial security is safeguarded.
Our track record of satisfied clients reflects our dedication and skill in this area of law.
Contact Us
If you would like advice or assistance with preparing a prenuptial agreement, please contact our family law team today.
Descartes Solicitors
First Floor, 152 Chiswick High Road
London W4 1PR