A cohabitation agreement is a legal document between unmarried couples who are living together or...
Getting engaged is one of life’s most exciting milestones. But for many couples, it also raises important practical questions about protecting what each person is bringing into the marriage. Planning ahead with a prenuptial agreement does not mean expecting the worst; it means entering your marriage with honesty, transparency, and mutual understanding.
Whether you own property, run a business, or have children from a previous relationship, a prenuptial agreement can give both parties a clear picture of where they stand financially. Instead of being a sign of mistrust, many couples find that having these conversations openly makes for a stronger, more confident start to married life.
At CWJ, our specialist family law solicitors are here to guide you through the process with care and expertise. We work with engaged couples across Kent and the South East, providing clear, empathetic advice that helps both parties feel informed and protected before the big day.
Our solicitors can assist with…
Our team has extensive experience advising on prenuptial agreements, including:
- Explaining the implications of a prenuptial agreement and whether one is right for you
- Drafting bespoke prenuptial agreement terms tailored to your circumstances
- Negotiating fair terms with the other party’s solicitor
- Advising on the enforceability of an existing prenuptial agreement
- Reviewing and updating existing agreements through a postnuptial agreement or deed of variation
- Advising on cohabitation agreements for couples who are not yet married
Speak to our prenuptial agreement solicitors in Orpington, Kent
Putting a prenuptial agreement in place is one of the most practical and thoughtful steps you can take ahead of your marriage. To find out how our expert family law team can help, call us today on 01689 887887 or complete our simple enquiry form. We are based in Orpington and serve clients across Kent and the South East.
What is a prenuptial agreement?
A prenuptial agreement (also known as a “prenup”) is a legal contract entered into before marriage. It sets out how assets, property, and finances would be divided if the relationship were to end in divorce or separation.
Rather than leaving financial decisions to the courts, a prenuptial agreement allows both parties to agree fair terms in advance, giving you both clarity and peace of mind.
Our prenuptial agreement services
Advice on the implications of prenuptial agreements
Before deciding whether a prenuptial agreement is right for you, it is important to understand what it will and will not cover. Our solicitors will explain the legal implications clearly, helping you make an informed decision that reflects both parties’ interests.
Drafting and negotiating the terms of a prenuptial agreement
Every prenuptial agreement needs to be carefully tailored to the couple’s individual circumstances. We will draft clear, comprehensive terms on your behalf and, where necessary, negotiate with the other party’s solicitor to reach a fair and balanced outcome.
Advice on the enforceability of a prenuptial agreement
If you already have an agreement in place, or have been presented with one by your partner, we can review it and advise on how likely a court is to uphold it. We will identify any weaknesses and recommend steps to strengthen its enforceability.
Are prenuptial agreements legally binding in the UK?
Prenuptial agreements are not automatically legally binding in England and Wales. However, following the landmark Supreme Court decision in Radmacher v Granatino (2010), courts now give significant weight to agreements that have been properly prepared.
A well-drafted prenuptial agreement, supported by independent legal advice and full financial disclosure, has a strong chance of being upheld, provided both parties understood its implications and the terms remain fair at the time of any dispute.
Who should consider a prenuptial agreement?
A prenuptial agreement can be a wise step for many couples, not just those with significant wealth. You may particularly benefit from one if you:
- Own a business or hold shares in a company
- Have substantial savings, property, or investments
- Have children from a previous relationship
- Are expecting an inheritance
- Hold assets in multiple countries
- Are remarrying and want to protect assets accumulated previously
What can a prenuptial agreement cover?
A prenuptial agreement can address a broad range of financial matters, including property, savings, investments, business interests, pension assets, inheritances, and agreed levels of spousal maintenance.
It is important to note that child arrangements cannot be predetermined in a prenuptial agreement. Courts will always decide what is in a child’s best interests at the time of any separation.
Requirements for an enforceable prenuptial agreement
For a prenuptial agreement to carry real weight with a court, a number of key requirements must be met:
- Both parties must receive independent legal advice from their own solicitor
- Both parties must make full and honest financial disclosure
- The agreement must be signed at least 28 days before the wedding
- Both parties must enter into the agreement freely, without pressure or duress
- The terms must be fair at the time any dispute arises
The process of creating a prenuptial agreement
Creating a prenuptial agreement typically involves the following steps:
- An initial consultation to discuss your circumstances and goals
- Full financial disclosure from both parties
- Drafting of the agreement by your solicitor
- Review and negotiation with the other party’s solicitor
- Independent legal advice for both parties
- Signing of the final agreement, at least 28 days before the wedding
Postnuptial agreements
If you are already married but would like similar protection, a postnuptial agreement may be the right solution. These work in the same way as prenuptial agreements but are entered into after the marriage has taken place, making them a useful option if your financial circumstances have changed significantly since you married.
How much does a prenuptial agreement cost?
The cost will depend on the complexity of your financial circumstances and the level of negotiation involved. At CWJ, we will provide a clear breakdown of costs before any work begins, so there are no unwelcome surprises at any stage.
Why choose Clarkson Wright & Jakes?
Our family law team has extensive experience advising clients on prenuptial agreements across Kent and the South East. Members of our team are recognised in Chambers & Partners, reflecting the consistent quality of advice we deliver.
As proud members of Resolution, we are committed to resolving family matters in a constructive, non-confrontational way. We will take the time to understand your situation and ensure both you and your partner feel confident throughout.
Prenuptial agreement FAQs
How long before the wedding should I get a prenuptial agreement?
It is recommended that a prenuptial agreement is signed at least 28 days before the wedding. Starting the process several months in advance is even better, giving both solicitors enough time to draft, negotiate, and finalise everything without the pressure of an approaching date.
Can a prenuptial agreement be challenged?
Yes. A court may set aside an agreement where one party did not receive independent legal advice, where assets were not fully disclosed, where it was signed too close to the wedding, or where the terms are considered significantly unfair. Instructing an experienced solicitor from the outset is the best way to ensure your agreement is robust.
Do both parties need their own solicitor?
Yes. Independent legal advice for both parties demonstrates that each person understood what they were signing and did so freely. Without this, a court may be more willing to disregard the agreement entirely.
What happens if we do not have a prenuptial agreement?
Without one, a court will divide assets based on what it considers fair at the time of divorce or separation, taking into account factors such as the length of the marriage, each party’s financial needs, and the welfare of any children. Our divorce and separation solicitors can advise you on what to expect.
Can a prenuptial agreement be changed after marriage?
Yes. If your circumstances change, your agreement can be updated through a postnuptial agreement or a deed of variation. It is worth reviewing your agreement following significant life events, such as having children or a major change in either party’s finances.
Does a prenuptial agreement cover children?
No. A prenuptial agreement cannot predetermine arrangements for children. Courts will always decide what is in a child’s best interests at the time of any separation, and this takes precedence over any previously agreed terms.
Speak to our prenuptial agreement solicitors in Orpington, Kent
Putting a prenuptial agreement in place is one of the most practical and thoughtful steps you can take ahead of your marriage. To find out how our expert family law team can help, call us today on 01689 887887 or complete our simple enquiry form. We are based in Orpington and serve clients across Kent and the South East.