Pre-Nuptial Agreements
Properly drafted pre-nups to protect pre-marital and inherited wealth.
A pre-nuptial agreement — often referred to as a pre-nup — is a formal legal agreement made between two people before they marry, setting out how their assets will be divided if the marriage ends in divorce or separation. Although pre-nuptial agreements are not automatically legally binding in England and Wales, the Supreme Court confirmed in the landmark case of Radmacher v Granatino [2010] that the court should give effect to a pre-nuptial agreement where it is freely entered into by both parties with a full appreciation of its implications, unless it would be unfair to hold the parties to it. BW Solicitors drafts pre-nuptial agreements that are carefully structured to carry the maximum weight before the courts.
Important Notice
Why Consider a Pre-Nuptial Agreement?
Pre-nuptial agreements are increasingly common and are no longer seen as unromantic or pessimistic. They are a sensible, practical step for couples who wish to protect assets they bring into the marriage — such as property, savings, business interests or inherited wealth — and to agree in advance how matters would be resolved if the marriage were to end. They can provide both parties with clarity and peace of mind.
- Protecting assets owned before the marriage
- Protecting inherited assets or anticipated inheritances
- Protecting business interests and shares
- Ringfencing assets for children from a previous relationship
- Clarifying the financial position of each party at the outset of the marriage
- Agreeing financial arrangements in advance to avoid future uncertainty
What Makes a Pre-Nuptial Agreement Enforceable?
For a pre-nuptial agreement to carry significant weight before the courts, it must meet certain requirements. The agreement must be entered into freely and voluntarily by both parties, without any undue pressure or duress. Both parties must have received independent legal advice before signing. Both parties must have made full and frank financial disclosure. The agreement must have been signed at least 28 days before the wedding. It must not be so unfair as to prejudice either party — particularly in relation to the needs of any children.
- Both parties must receive independent legal advice
- Full and frank financial disclosure by both parties
- Agreement signed at least 28 days before the wedding
- Agreement must not be fundamentally unfair
- Consideration of the parties' needs at the time of any divorce
Reviewing and Updating Your Pre-Nuptial Agreement
Circumstances change over the course of a marriage — children may be born, assets may change significantly, or one party's career may develop in unexpected ways. It is advisable to review your pre-nuptial agreement periodically and update it where necessary, either through a formal variation or by entering into a post-nuptial agreement.
Why Choose BW Solicitors?
Our family law solicitors draft pre-nuptial agreements with meticulous care, ensuring they are structured to carry maximum weight before the courts and tailored to your specific circumstances. We serve clients across Ilford, East London, London and beyond.