A prenuptial agreement is a contract entered into before marriage to determine what will happen to the assets and liabilities of the couple if the marriage fails.

One reason why couples are reluctant to enter into such an agreement is because no-one enters into a marriage expecting it to end in separation or divorce. It is for this reason that a Prenuptial Agreement can appear cynical or unromantic.

However, our experienced family solicitors at Tyler Hoffman Solicitors do in certain circumstances advise clients that such an agreement is a very sensible and practical matter to consider in the lead up to a wedding, for example if clients have acquired premarital assets including property prior to their relationship with their intended spouse. 

What you should know

What is the legal status of a prenuptial agreement?

A prenuptial agreement is not legally binding under English Law. Upon separation or divorce the English Courts have the power to make a variety of Orders in relation to matrimonial assets. However, increasingly Judges will consider the agreement as a relevant circumstance of the case providing the provisions are reasonable and certain conditions are met; namely:

• An agreement is more likely to be upheld if both parties obtain independent legal advice before the agreement is entered into.
• Both parties should provide full financial disclosure detailing their respective financial positions and circumstances.
• There is no evidence that any pressure was brought to bear on either party to enter into the agreement. Pressure may be apparent if there is too little time between the agreement being considered and signed by the parties before the marriage takes place. It is therefore important that both parties seek appropriate legal advice in plenty of time before the marriage in relation to the merits of proceeding with a pre-nuptial agreement. It is not advisable to sign a pre-nuptial agreement any less than 21 days before the marriage, and ideally it should be signed some time before that.

Such documents require careful drafting by solicitors to ensure that the provisions are clear, and that all potential aspects of a future separation are considered. The parties will therefore need to consider very carefully what they ultimately wish to achieve in entering into such a document with their intended spouse.

We charge £720 including VAT for drafting a pre-nuptial agreement.