Prenuptial Agreements

By Sarah Wood-Heath

Before a couple get married or enter a civil partnership, thought may be given as to whether to enter into a prenuptial/premarital agreement.  A prenuptial agreement enables a couple to set out how they would like their assets to be divided in the event of a divorce/dissolution. This may because there is generational family wealth which the couple/family may wish to protect in the event of a divorce/dissolution or perhaps if this is a second marriage with pre acquired wealth or children to consider and the wish for assets to be protected.  A prenuptial agreement can protect inheritances or gifts and sets expectations for the future. 

In the UK, prenuptial agreements whilst not legally binding, will hold weight and will be taken into consideration by the court, providing they have been prepared carefully, are fair, have been entered into freely and with full understanding.  The court will have regard to whether certain requirements have been met:

• The agreement should be written and signed by both parties
• Both parties have received independent legal advice
• The agreement was signed at least 28 days before the wedding
• Both parties have fully disclosed their financial situation
• The agreement is entered into freely and without pressure
• The agreement is fair and reasonable

A properly prepared prenuptial agreement will hopefully minimise legal disputes in the event of a divorce.  During the preparation the couple will need to consider their future needs, such as children, career, medical needs and consider when and under what circumstances the agreement may need reviewing.

In summary, while prenuptial agreements are not legally binding in the UK, they offer a valuable tool for couples to plan and protect their financial interests, particularly if they are drafted and executed thoughtfully and with the guidance of legal professionals.

For more information, please contact Sarah Wood-Heath or any member of our Family Law team at Sampson Coward to discuss your individual circumstances on 01722 410664 or This email address is being protected from spambots. You need JavaScript enabled to view it.

By Sarah Wood-Heath