Pre-Nuptial & Post-Nuptial Agreements

Marriage is built on love and trust, but it is also a legal and financial partnership. Prenuptial and postnuptial agreements provide clarity and protection for both parties, ensuring that if the worst happens, there is a clear framework for how finances will be handled. At MCR Solicitors, we draft fair, balanced agreements that protect your interests while respecting your relationship.

Far from being unromantic, these agreements can actually strengthen relationships by encouraging open conversations about finances and expectations. Many couples find that the process of creating an agreement helps them understand each other's values and priorities better, leading to a stronger foundation for their marriage.

What is a Prenuptial Agreement?

A prenuptial agreement (often called a prenup) is a contract made between two people before they marry. It sets out how assets and finances will be divided if the marriage ends in divorce or on death.

What Can a Prenup Cover?

A prenuptial agreement can address:

• Division of assets acquired before and during the marriage
• Protection of family wealth or inheritance
• Business interests and company shares
• Property ownership and what happens to the family home
• Savings, investments, and pension rights
• Debts and financial liabilities
• Spousal maintenance provisions
• How finances will be managed during the marriage

Why Consider a Prenup?

People seek prenuptial agreements for many reasons:

• Second marriages - Protecting assets for children from a previous relationship
• Wealth disparity - When one party enters with significantly more assets than the other
• Business owners - Protecting a business from division on divorce
• Family wealth - Keeping inherited or family money within the bloodline
• Clarity and certainty - Knowing in advance what will happen, reducing conflict later
• International couples - Addressing complications where different countries' laws might apply

What is a Postnuptial Agreement?

A postnuptial agreement (postnup) serves the same purpose as a prenup but is made after the marriage has taken place. It can be entered into at any point during the marriage.

When Might You Want a Postnup?

• You did not have a prenup - Perhaps you did not have time before the wedding, or the thought did not occur to you
• Changed circumstances - A significant change such as receiving an inheritance, starting a business, or a career change
• Relationship difficulties - Some couples create postnups as part of reconciliation after difficulties, providing reassurance and clarity
• One spouse giving up work - To ensure the stay-at-home spouse is protected
• Reviewing an existing prenup - Updating an older agreement to reflect current circumstances

Are Prenups Legally Binding in the UK?

This is one of the most common questions we are asked. In England and Wales, prenuptial and postnuptial agreements are not automatically legally binding in the same way as a contract. However, following the landmark Supreme Court case of Radmacher v Granatino [2010], courts will give significant weight to a properly prepared agreement.

The Radmacher Criteria

The Supreme Court held that courts should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumstances it would not be fair to hold the parties to the agreement.

For an agreement to be given weight, it should meet these criteria:

1. Independent Legal Advice

Both parties must receive independent legal advice from separate solicitors. This ensures each person understands what they are agreeing to and what rights they might be giving up.

2. Full Financial Disclosure

Both parties must provide complete and honest disclosure of their financial circumstances. Without full disclosure, one party cannot properly understand what they are agreeing to.

3. No Undue Pressure or Duress

Both parties must enter into the agreement freely, without pressure or coercion. Presenting an agreement at the last minute before the wedding could suggest duress.

4. Signed in Good Time Before the Wedding

Ideally, the agreement should be signed at least 28 days before the wedding, and preferably longer. This demonstrates that neither party was pressured into signing at the last minute.

5. Fairness

The agreement must be substantially fair at the time of divorce, particularly in meeting the needs of both parties and any children. An agreement that would leave one party in financial hardship is unlikely to be upheld.

What Can Be Included in an Agreement?

A well-drafted agreement can cover a wide range of financial matters:

Existing Assets

• Property owned before the marriage
• Savings and investments
• Business interests and company shares
• Valuable possessions
• Debts and liabilities

Future Assets

• Inheritance expected from family
• Future business growth
• Pension accrual during the marriage
• Assets that might be acquired

The Family Home

You can specify what happens to the family home on divorce, though this needs to be fair and realistic, particularly if there are children.

Maintenance

Agreements can address whether spousal maintenance will be paid, for how long, and in what circumstances.

Business Interests

If one or both parties own a business, the agreement can protect the business from claims and specify how any value will be treated.

What Cannot Be Included

Certain matters cannot be contracted out of:

• Child arrangements - The court always has jurisdiction over matters affecting children
• Child maintenance - The Child Maintenance Service determines this
• Matters that would leave one party destitute - Basic needs must be met

Requirements for Enforceability

To maximise the chances of your agreement being upheld, we ensure that:

Process Requirements

• Both parties receive independent legal advice from separate solicitors
• Full financial disclosure is exchanged and documented
• Adequate time is allowed for consideration (minimum 28 days, ideally 3+ months)
• Neither party is under any pressure to sign
• The agreement is properly executed and witnessed

Content Requirements

• The terms are fair and reasonable
• Both parties' needs are considered
• Provision is made for any children
• The agreement accounts for possible changes in circumstances
• Review provisions are included for major life events

Our Process for Drafting Agreements

At MCR Solicitors, we follow a careful process to ensure your agreement is robust and likely to be upheld:

Step 1: Initial Consultation

We meet with you to understand your circumstances, concerns, and what you want to achieve. We explain the law and process clearly so you can make informed decisions.

Step 2: Financial Disclosure

We help you prepare a comprehensive schedule of your assets, liabilities, income, and financial expectations. Your partner does the same with their own solicitor.

Step 3: Draft Agreement

We prepare a draft agreement based on your instructions and the disclosure provided. We explain each clause and its implications.

Step 4: Negotiation

We liaise with your partner's solicitor to negotiate terms that work for both parties. The goal is an agreement that both parties consider fair.

Step 5: Finalisation and Signing

Once terms are agreed, we prepare the final document. Both parties sign in the presence of witnesses, with certificates from their solicitors confirming legal advice was given.

Step 6: Review

We recommend reviewing your agreement periodically, particularly after significant events such as the birth of children, major purchases, or inheritance.

Frequently Asked Questions About Prenuptial Agreements

Will asking for a prenup upset my partner?

This is a common concern. However, many couples find that discussing finances openly before marriage strengthens their relationship. Frame it as protecting both parties and providing certainty, not as a lack of trust.

How much does a prenuptial agreement cost?

Costs depend on the complexity of your circumstances. Simple agreements where both parties have modest assets cost less than complex agreements involving businesses, trusts, or international elements. We provide a clear quote after our initial consultation.

How long before the wedding should we start?

We recommend starting the process at least 3 months before the wedding, though earlier is better. This allows time for disclosure, negotiation, and reflection without time pressure.

What if my circumstances change after we sign?

Agreements should include provisions for review and can be updated through a postnuptial agreement if circumstances change significantly. Major life events like children, inheritance, or serious illness may warrant a review.

Can we include provisions about the children?

No. Arrangements for children cannot be contracted out of the court's jurisdiction. Any provisions about children would not be binding, though they might indicate the parties' intentions.

What if my partner refuses to sign?

You cannot force someone to sign a prenup. However, if your partner is unwilling to engage with the process, it might be worth exploring why. Sometimes concerns can be addressed through negotiation and explanation.

Are prenups only for wealthy people?

No. While prenups are common among those with significant assets, they can benefit anyone who wants clarity and certainty. Second marriages, business owners, and those expecting inheritance all commonly seek prenups.

Can a prenup be challenged?

Yes, a prenup can be challenged if it does not meet the requirements for enforceability or if circumstances have changed so significantly that it would be unfair to apply it. This is why proper preparation is essential.

Contact Our Prenuptial Agreement Solicitors

Whether you are planning to marry or already married and want to formalise your financial arrangements, our experienced family law team can help you create an agreement that provides clarity and protection for both parties.

Call us today: 0161 466 1280

Visit us: First Floor, 1024 Stockport Road, Manchester M19 3WX

We understand that discussing prenuptial agreements can feel awkward. Our solicitors handle these matters with sensitivity and discretion, helping you have important financial conversations in a constructive way. Contact MCR Solicitors to discuss how we can help protect your future.