Prenuptial and Postnuptial Agreements in England and Wales

Overview 

Prenuptial and postnuptial agreements are formal documents that set out how a couple’s assets should be divided if their marriage breaks down. While not automatically legally binding in England and Wales, courts give them significant weight if properly prepared. 

Prenuptial Agreements 

Definition 

A prenuptial agreement (prenup) is a formal agreement made between two people before their marriage or civil partnership that sets out how their assets should be divided if they separate or divorce. 

Legal Status 

While prenups are not automatically legally binding in England and Wales, Courts will generally uphold them if they meet specific criteria. This is following the landmark Radmacher v Granatino case (2010), Courts now are willing to put significant weight on agreements that have been properly drafted. 

Requirements for Validity 

1. The agreement must be freely entered into 

1. Both parties must have received independent legal advice 

1. Full financial disclosure from both parties 

1. Signed at least 28 days before the wedding 

1. Neither party should be under pressure or duress 

1. The agreement must be fair and reasonable. 

What Can Be Included? 

Prenups generally include, division of property and assets, treatment of pre-marital assets, protection of business interests, inheritance and family wealth, future income and earnings, pension arrangements and provision for existing or future children. 

Postnuptial Agreements 

Definition 

A postnuptial agreement (postnup) is similar to a prenup but is made after marriage or civil partnership. 

Legal Status 

Similar legal standing to prenups, courts may give them even more weight as they’re made without the pressure of an impending wedding. However, they still must meet similar criteria for validity. 

Key Differences from Prenups 

A postnup can be made at any time during marriage. It may be used to update or replace an existing prenup, and can address changes in circumstances since marriage took place. 

Important Considerations 

Regular Reviews 

Agreements, whether pre or post nuptial, should be reviewed periodically. Key life events that may trigger a review could be: 

• Birth of children 

• Receipt of significant inheritance 

• Career changes 

• Property purchases 

• Business acquisition 

• Relocation abroad. 

Limitations 

What Cannot Be Included 

Arrangements regarding children (care agreements, who a child will live with on separation), any attempts to avoid statutory rights, unfair or unreasonable provisions. It is important that the agreement reached is realistic, or it may not be upheld by a Court if the time comes. 

Circumstances That May Invalidate 

Some situations may invalidate a prenup or postnup agreement, for example, the failure to provide full and frank financial disclosure. You may also face difficulty if the Court determines a party was under pressure or duress, or lacked of independent legal advice. Significant unfairness can also invalidate your agreement, or if the agreement reached fails to meet the basic needs of either party. 

Get in Touch 

For expert legal advice on prenuptial and postnuptial agreements, contact Chadwick Lawrence today. Our specialist family law solicitor team is here to help with any questions or issues you may be facing. We offer consultations over the phone, via video call or in person at one of our offices across West Yorkshire. 

Call us: 0800 015 0340
Email us: family@chadlaw.co.uk