What is a Prenuptial Agreement?
A prenuptial agreement (often called a pre-nup) is a formal written contract made between two partners before they marry.
It sets out:
- Ownership of assets, property, and finances.
- How these will be divided if the marriage breaks down.
A pre-nup offers clarity and peace of mind for both parties, reducing uncertainty and the potential for disputes in the future.
Are Prenuptial Agreements Legally Binding?
In England and Wales, prenuptial agreements are not automatically legally binding under statute. However, in recent years, the courts have shown a growing willingness to uphold pre-nups where:
- They are fair,
- Both parties entered into the agreement freely,
- Each received independent legal advice, and
- There was full financial disclosure.
This means that while a court always retains the final say, a well-prepared pre-nup can carry significant weight in divorce proceedings.
Why Consider a Pre-Nup?
People choose prenuptial agreements for many reasons, including:
- Protecting inheritance or future inheritance (money, property, or family assets).
- Unequal assets – where dividing everything 50/50 would not be fair or practical.
- Business ownership – safeguarding companies or professional practices.
- Second marriages – ensuring children from previous relationships are provided for.
- Complex financial arrangements – such as shareholder agreements or offshore assets.
- International concerns – where there may be a question of which country’s courts will handle any future divorce.
How We Can Help
At Capital One Solicitors, we have extensive experience in drafting and advising on prenuptial agreements. We ensure that:
- Your assets and financial interests are protected.
- The agreement is fair and professionally prepared.
- Both parties fully understand the implications.
- The document has the best chance of being upheld by the courts if needed.
📞 Contact Prenup solicitors near you today to discuss whether a prenuptial agreement is right for you.
