Pre-Nuptial and Post-Nuptial Agreements

Pre-nuptial and post-nuptial agreements are increasingly used by couples who wish to achieve clarity and certainty about their financial arrangements, both during their relationship and in the event of separation or divorce.

Our barristers can provide specialist advice and representation concerning the preparation, interpretation, and enforcement of nuptial agreements. We act for individuals seeking to protect personal, family, business, and inherited assets while ensuring that arrangements remain fair and legally robust.

What Is a Pre-Nuptial Agreement?

A pre-nuptial agreement (also often referred to as a "pre-nup") is an agreement entered into by a couple before marriage or civil partnership. It sets out how assets, liabilities, property, and income would be dealt with should the relationship later come to an end.

Pre-nuptial agreements can address matters such as:

• Property ownership
• Savings and investments
• Businesses and company interests
• Inherited wealth
• Trust assets 
• Pension provision
• Existing debts and liabilities
• Future financial expectations
• Off-shore assets 

Although not automatically binding under English law, the courts will generally give significant weight to a properly prepared pre-nuptial agreement where it has been entered into freely, with full disclosure and independent legal advice.

Post-Nuptial Agreements

A post-nuptial agreement is similar to a pre-nuptial agreement but is entered into after a marriage or civil partnership has taken place.

Couples may choose a post-nuptial agreement following:

• The acquisition of substantial assets
• Receipt of an inheritance
• The establishment or sale of a business
• A change in family circumstances
• A period of marital difficulty where financial clarity is sought

A well-drafted post-nuptial agreement can assist in reducing uncertainty and avoiding costly disputes in the future.

Why Seek Specialist Advice?

The effectiveness of a nuptial agreement depends upon both its content and the circumstances in which it was created. Careful drafting and specialist legal advice are essential.

We have barristers who can advise on:

• Drafting pre-nuptial agreements
• Drafting post-nuptial agreements
• Reviewing existing agreements
• Enforceability and validity issues
• Financial disclosure requirements
• Protecting inherited and family wealth
• Business and corporate interests
• Trust structures and succession planning
• International and cross-border considerations
• Challenges to nuptial agreements during divorce proceedings

International and Cross-Border Agreements

Many modern relationships have an international element. One or both parties may have assets abroad, foreign nationality, or connections to multiple jurisdictions.

Representation in Disputes

Disputes can arise where one party seeks to challenge the validity or fairness of a nuptial agreement during divorce proceedings.

Our barristers can advise and represent clients in cases involving:

• Alleged undue influence or pressure
• Lack of financial disclosure
• Unfair agreements
• Changes in circumstances
• Jurisdictional disputes
• High-net-worth financial remedy proceedings

We can provide strategic advice from the earliest stage of a dispute through to representation at court where necessary.

Direct/ Public Access and Professional Instructions

Members of Chambers may accept instructions directly from members of the public under the Direct Access scheme, as well as from solicitors, law firms, trustees, businesses, and international clients.

Contact Us

If you require advice regarding a pre-nuptial or post-nuptial agreement or are involved in a dispute concerning an existing agreement, please contact Chambers to discuss how we can assist.

Our experienced civil and family law barristers can provide clear, practical, and confidential advice tailored to your individual circumstances.