Private Pre and Post-Nuptial Agreement Solicitors
A nuptial agreement can help couples discuss financial arrangements before or after marriage or civil partnership. NLS can help you understand the issues to consider and record arrangements that reflect your circumstances.
Start the conversation about finances before they become a source of uncertainty.
Shabana Sultana
Nuptial agreement advice
Talking about finances before or during a marriage can feel sensitive, but it can also be a practical part of planning for the future. You may want to discuss property, savings, investments, a business, inherited wealth, family assets or arrangements if one person takes time away from work.
NLS can help you consider the matters that may be relevant to an agreement and understand the steps involved. We provide clear advice, careful representation and practical support for privately funded family-law matters.
The effect of a nuptial agreement will depend on its terms and the circumstances in which it was made. In England and Wales, a pre- or post-nuptial agreement is not automatically enforceable, although the court may give it significant weight where appropriate.
What is a pre-nuptial agreement?
A pre-nuptial agreement, often called a prenup, is made before a marriage or civil partnership. It allows a couple to discuss how they intend to approach financial arrangements if their relationship ends in the future.
The agreement may cover matters including property, savings, pensions, investments, business interests, debts and financial provision. The content should reflect the circumstances, assets and future plans of the people entering into it.
What is a post-nuptial agreement?
A post-nuptial agreement is made after a couple has married or entered a civil partnership. It may be considered where circumstances change after the wedding, or where a couple did not make an agreement beforehand.
For example, a post-nuptial agreement may be relevant after receiving an inheritance, acquiring a business interest, buying property or making a significant change to financial arrangements. It can also be used to review and update the intentions set out in an earlier agreement.
When might a nuptial agreement be useful?
There is no single reason to make a nuptial agreement. Every couple has different financial circumstances, responsibilities and plans for the future.
You may wish to consider an agreement if you have:
- Property owned before the relationship or marriage
- Savings, investments or other assets
- A business, company shareholding or family business interest
- An inheritance or expected family wealth
- Children from an earlier relationship
- Different financial contributions or future expectations
- Plans to take time away from work or change your working arrangements
A nuptial agreement does not remove the need to consider the wider circumstances if a relationship ends. However, it can help couples have clear conversations about financial expectations and future planning.
Discussing finances openly
A useful agreement should be based on a clear understanding of each person’s financial position and future plans. This may include discussing assets, income, pensions, liabilities and any important changes that may be expected in the future.
Full financial disclosure, independent legal advice and the absence of undue pressure are important safeguards when preparing pre- and post-marital agreements.
These conversations can help each person understand the implications of the proposed arrangements before deciding whether to enter into an agreement.
Independent advice and allowing enough time
It is important that each person understands the agreement and has an opportunity to obtain independent legal advice. Independent advice means that each person receives advice from their own legal representative about the terms and implications of the agreement.
Timing can also matter. Where an agreement is signed less than 28 days before a marriage, advice should be given about whether a post-nuptial agreement should also be made.
Early advice can give both people time to discuss the agreement properly, consider financial information and make informed decisions without unnecessary pressure.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
Reviewing an agreement when circumstances change
A nuptial agreement should reflect the circumstances at the time it is made. It can be sensible to review it if there is a significant change in family life or finances.
This may include:
- The birth or adoption of a child
- A change in income or employment
- Buying or selling a property
- Starting, selling or changing a business
- Receiving an inheritance
- Moving to another country
- A substantial change in the value of assets
Changes in circumstances can affect the weight or validity of an agreement, which is why regular review can be important.
How NLS can help with nuptial agreements
NLS can help you to:
- Understand the purpose of a pre- or post-nuptial agreement
- Identify the financial matters you may wish to discuss
- Consider property, savings, investments, pensions, businesses and other assets
- Understand the importance of financial information, independent advice and timing
- Review an existing agreement when your circumstances change
Book Your Free No Obligation Call
Contact NLS to discuss your circumstances. Evening and weekend appointments available.
Nuptial Agreement FAQs
- What is a prenuptial agreement?
A prenuptial agreement is an agreement made before marriage or civil partnership. It records how a couple intends to approach financial arrangements if the relationship ends.
- What is a post-nuptial agreement?
A post-nuptial agreement is made after marriage or civil partnership. It may be considered if circumstances have changed or if a couple did not make an agreement before the wedding.
- Are nuptial agreements legally binding?
Nuptial agreements are not automatically enforceable in England and Wales. The court can take an agreement into account, but its effect will depend on the circumstances in which it was made and its terms
- When should we make a pre-nuptial agreement?
It is sensible to consider an agreement well before the wedding or civil partnership ceremony. This allows time for financial information to be shared, for each person to obtain independent advice and for the proposed terms to be considered properly.
- Can a nuptial agreement cover a business or family wealth?
An agreement can address financial matters that are relevant to the couple, which may include business interests, property, investments or family wealth. Its effect will depend on the agreement and the individual circumstances.
- Do we both need independent legal advice?
Independent legal advice is an important safeguard when preparing a nuptial agreement. It helps each person understand the terms, implications and rights they may be giving up by entering into the agreement.
- Can a nuptial agreement be updated?
Yes. A review may be appropriate after a significant change in circumstances, such as having children, buying property, receiving an inheritance or changing employment. A post-nuptial agreement may be used to record updated arrangements.
- How much does a nuptial agreement cost?
Costs will depend on the circumstances, the financial arrangements involved and the work required.