TRW & Co · Tax, Private Wealth & Family
Prenuptial Agreement Solicitors in London
Prenuptial agreement solicitors in London help couples protect family wealth, businesses and inheritances before or during marriage. Nuptial agreements are not automatically binding in England and Wales, but courts will usually uphold one that was freely made with full understanding, unless that would be unfair. The government consulted in 2026 on making qualifying agreements binding.
Key pointAn agreement that makes fair provision for the other party's needs is far more likely to protect separate property than one that tries to leave them with nothing.
At a glance
Not automatically binding
The court keeps its discretion under the Matrimonial Causes Act 1973, so a nuptial agreement is one of the circumstances it weighs rather than a contract it simply enforces.
The Radmacher test
Since 2010 courts give effect to an agreement freely entered into with full appreciation of its implications, unless holding the parties to it would be unfair.
Needs and children protected
An agreement cannot prejudice the reasonable requirements of children, and terms that leave a spouse's reasonable needs unmet are unlikely to be followed in full.
2026 reform consultation
The Ministry of Justice consulted from June to August 2026 on binding qualifying nuptial agreements with non-waivable disclosure and independent legal advice.
Postnups treated alike
Agreements made during marriage are approached in the same way as prenuptial agreements and can update an earlier agreement after major life events.
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What prenuptial and postnuptial agreements do in England and Wales
Prenuptial agreement solicitors in London help couples decide, before or during a marriage, how their money and property would be divided if the relationship ended. A prenuptial agreement is signed before the wedding or civil partnership; a postnuptial agreement is signed afterwards. Both are usually called nuptial agreements, and the courts treat them in broadly the same way.
In England and Wales a nuptial agreement is not automatically binding. The court keeps its power to decide financial claims on divorce, and the agreement is one of the circumstances it considers. In practice, however, a properly prepared agreement is often decisive, particularly where it protects wealth one party brought into the marriage, inherited or received from family.
Couples typically consider an agreement when one of them owns a business, has family wealth or trust interests, expects an inheritance, has children from a previous relationship, or has assets in more than one country. It is also common where one party has been through a costly divorce before.
The legal framework: discretion, Radmacher and reform
Financial claims on divorce are decided under Part II of the Matrimonial Causes Act 1973. Under section 25 the court must consider all the circumstances, giving first consideration to the welfare of any child of the family, and then the listed factors: income, resources, needs, the standard of living, ages, the length of the marriage, contributions and conduct. Civil partners have equivalent rights under the Civil Partnership Act 2004.
Because the parties cannot oust the court's jurisdiction by private contract, a nuptial agreement cannot simply be enforced like a commercial contract. Instead, the court decides how much weight to give it.
The Radmacher test
The leading case is the Supreme Court's decision in Radmacher v Granatino [2010] UKSC 42. The court held that it 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 prevailing it would not be fair to hold the parties to it. The decision shifted the burden onto the party trying to escape the agreement.
Radmacher also confirmed that an agreement cannot be allowed to prejudice the reasonable requirements of any children, and that respecting autonomy is particularly appropriate where the agreement protects non-matrimonial property. The Privy Council had already recognised postnuptial agreements in MacLeod v MacLeod in 2008, and the Supreme Court said that there was no material distinction between agreements made before and after the marriage.
The reform proposals
The Law Commission recommended in 2014 that "qualifying nuptial agreements" should be binding, subject to safeguards and a needs exception, and published a wider scoping report on financial remedies in 2024. Neither was enacted. On 5 June 2026 the Ministry of Justice opened the consultation A fairer end to relationships, which closed on 14 August 2026 and covers financial remedies on divorce as well as cohabitants.
The consultation proposes that a qualifying nuptial agreement would bind the court, provided it is a valid contract, made by deed with a signed statement that the parties understand its effect, not signed within the 28 days before the wedding, and supported by material financial disclosure and independent legal advice for each party. Disclosure and advice could not be waived, and the parties' and children's needs would still be protected. These are proposals, not law, and the final legislation may differ.
Scotland and Northern Ireland
Scotland takes a different approach. Agreements on financial provision are generally enforceable, and under section 16 of the Family Law (Scotland) Act 1985 the court can set aside or vary an agreement only if it was not fair and reasonable at the time it was entered into. Northern Ireland has its own legislation and case law, which broadly follows England and Wales. Couples with links to more than one part of the UK should consider which jurisdiction would hear a future divorce.
What prenuptial agreement solicitors in London build into an agreement
Courts look at how the agreement was made, what it says and whether holding the parties to it is fair when the marriage ends. The table sets out the safeguards that carry most weight now and how they compare with the government's proposals.
| Safeguard | Why it matters now | Under the 2026 proposals |
|---|---|---|
| Free will and no pressure | Duress, undue influence or exploiting a dominant position can reduce or remove the weight given to the agreement | Agreement must be a valid contract, free of undue influence or misrepresentation |
| Timing | A signature close to the wedding invites an argument that one party was under pressure | Cannot be signed within the 28 days before the wedding or civil partnership |
| Financial disclosure | Each party must understand what the other owns and earns; material non-disclosure undermines the agreement | Material financial disclosure required and cannot be waived |
| Independent legal advice | Shows each party understood the implications; its absence is not always fatal but weakens the agreement | Each party must receive independent legal advice; cannot be waived |
| Formality | Usually executed as a deed in practice, recording the disclosure and advice | Must be made by deed with a signed statement about its effect |
| Fairness and needs | The court will not hold a party to terms that leave their or the children's reasonable needs unmet | Needs remain protected, assessed on a narrower basis |
The content matters as much as the process. An agreement that ring-fences pre-marital property, family trusts and inheritances, while leaving wealth built up during the marriage open to sharing, is far more likely to be upheld than one that leaves the financially weaker spouse with nothing after a long marriage.
Key decisions: what to protect and what to share
Every agreement reflects a series of choices. Prenuptial agreement solicitors in London will usually take each party through the following questions, separately and with their own advice.
Separate property
Which assets should stay outside any sharing claim? Typical examples are property owned before the marriage, shares in a family company, interests under family trusts, and future gifts and inheritances. The agreement should also deal with growth in their value and with income they produce, which is where many disputes arise.
The family home and joint assets
A home bought together, or a pre-marital home that becomes the family home, often loses its separate character over time. The agreement should say how it will be treated, and whether contributions to a mortgage or renovations change the position.
Provision for the financially weaker party
Agreements that make no provision for needs are vulnerable. Many couples agree a lump sum, housing fund or maintenance formula that increases with the length of the marriage or on the birth of children. Building in fair provision is the best protection for the rest of the agreement.
Review and change
A review clause, triggered by children, a significant change in wealth or a move abroad, keeps the agreement up to date. Where circumstances change, a postnuptial agreement can confirm or replace the original terms.
Do not let the wedding timetable dictate the agreement. Under current case law a last-minute signature invites an argument about pressure, and under the government's proposals an agreement signed within 28 days of the ceremony would not qualify. If time runs short, it can be better to postpone signature and enter a postnuptial agreement after the wedding than to sign in a rush.
How to make a prenuptial agreement, step by step
A robust agreement takes planning. The process below reflects current practice and anticipates the proposed statutory conditions.
- Start early. Raise the agreement several months before the wedding if possible. That leaves time for disclosure, advice and negotiation, and keeps signature well clear of the final weeks.
- Instruct separate solicitors. Each party needs independent legal advice from a different firm. Advice from the same firm, or none at all, is the most common weakness in agreements that are later challenged.
- Exchange financial disclosure. Each party provides a schedule of assets, liabilities and income with supporting evidence where values are significant, including trusts, business interests, pensions and overseas property.
- Agree the structure. Decide what is ring-fenced and what will be shared, and how needs will be met, especially if children are planned.
- Draft and negotiate. The agreement records the parties' intentions, the disclosure and advice received, the choice of English law and a review clause.
- Execute as a deed. Sign as a deed with witnesses, well before the wedding. Each solicitor usually certifies the advice given.
- Review after major events. Revisit the agreement after children, a large change in wealth or relocation, and update it by postnuptial agreement if necessary.
Our article on prenuptial agreements in the UK explains these steps for couples at an earlier stage of thinking.
Documents and disclosure to assemble
Disclosure is the foundation of a defensible agreement. It does not need to be as exhaustive as disclosure in contested divorce proceedings, but it must be sufficient for each party to understand what they are giving up.
- A schedule of each party's assets and liabilities, with values and how they were assessed.
- Evidence of income, such as payslips, tax returns, dividend records and bonus arrangements.
- Details of business interests, including shareholdings, shareholder agreements and recent accounts or valuations.
- Trust deeds, letters of wishes and statements of any trust interests, or a summary from the trustees.
- Pension statements, including cash equivalent values where available.
- Details of overseas property and accounts, with any foreign title documents or marriage contracts.
- Expected inheritances or gifts, described as far as the party knows them.
Prenuptial agreement solicitors in London will also keep a record of the advice given and the drafts exchanged. If the agreement is challenged years later, that file shows the court how the agreement came about.
Risks and common mistakes
Most agreements that fail do so for predictable reasons. These are the risks we help clients avoid.
Signing too close to the wedding
An agreement signed days before the ceremony, with guests invited and costs incurred, invites the argument that one party had no real choice. The court may give such an agreement reduced weight, or none at all, if pressure is shown. The government's proposals would go further, making an agreement signed within the 28 days before the wedding incapable of qualifying. The solution is to start early and, if the timetable slips, to consider signing a postnuptial agreement after the wedding rather than rushing. A postnuptial agreement made in good time, with proper disclosure and advice, is treated on the same footing as a prenuptial one.
Inadequate disclosure
If one party hides or understates assets, the other cannot have entered the agreement with a full appreciation of its implications. Courts have reduced the weight of agreements where material information was missing, and the reform proposals would make material disclosure a non-waivable condition. Disclosure should cover everything significant, including overseas assets, trust interests and expected inheritances. Where an asset is hard to value, such as a private company, the agreement can record the method used and the range of values, so the other party knows what they are accepting.
No provision for needs or children
An agreement that would leave a spouse unable to house themselves or meet their reasonable needs, particularly after a long marriage or the birth of children, is unlikely to be followed in full. The court will always protect the reasonable requirements of children. Rather than drafting an all-or-nothing agreement, it is usually wiser to include a sensible needs-based provision. That makes the protection of separate property far more robust, because there is less reason for the court to depart from the terms.
Letting the agreement go stale
An agreement made fifteen years earlier, before children, a business sale or a move abroad, may no longer reflect the circumstances the parties are in. The further reality departs from what the parties contemplated, the more likely the court is to find it unfair to hold them to it. A review clause, and a habit of revisiting the agreement after major life events, keeps it relevant. Updating by postnuptial agreement is straightforward if both parties engage early.
Ignoring foreign law and forum
Where one or both parties have links abroad, a divorce might be heard in another country that treats nuptial agreements very differently. Some systems enforce them strictly, others hardly at all. An English agreement may also need to work alongside a foreign marriage contract or matrimonial property regime. Choosing English law, considering where a divorce is likely to be heard and, where appropriate, obtaining parallel advice from local lawyers reduces the risk that the agreement is ignored where it matters most.
Cross-border agreements: Bangladesh, the Gulf, the EU and Asia
Many of our clients marry across jurisdictions. For Muslim couples with links to Bangladesh, the marriage contract, or kabinnama, usually records a dower (mahr) payable to the wife. An English court will consider that contract, but it does not displace the court's powers under the 1973 Act. A nuptial agreement can address how the dower and any Bangladeshi assets are to be treated, and our UK-Bangladesh family team coordinates with colleagues in Dhaka on local formalities.
Several EU states have default matrimonial property regimes chosen at marriage, and the Gulf states and Singapore have their own approaches to marital agreements and divorce. Where a couple may live in more than one country, prenuptial agreement solicitors in London will usually recommend parallel local advice so that the agreement is effective wherever a divorce might be heard. Recognition of an overseas divorce is a separate question, covered in our article on recognition of Bangladeshi divorces in the UK.
A prenuptial agreement is strongest when it is fair to both parties on the day it is signed and still fair on the day it is needed.
How TRW & Co helps
We advise one party to each agreement, never both. As prenuptial agreement solicitors in London, we focus on clear drafting, proper process and agreements that sit comfortably with each client's wider estate and business planning. We do not promise that any agreement will be upheld, because the court retains its discretion.
Prenuptial agreements
We advise on what to protect, prepare disclosure, draft and negotiate the agreement with the other party's solicitors, and supervise execution as a deed.
Postnuptial agreements
We prepare agreements during a marriage, including updates to an existing prenuptial agreement after children, a business event or relocation.
Business and family wealth
We coordinate the agreement with shareholder agreements, trust structures and wills, so that family company shares and trust interests are treated consistently.
International couples
We advise where one party has assets or family abroad, working with TRW & Co offices and local counsel on foreign marriage contracts and matrimonial regimes.
Reviewing an existing agreement
We review agreements made here or abroad, explain how much weight they are likely to carry and recommend whether to update them.
When the marriage ends
If a divorce follows, our divorce colleagues advise on how the agreement affects the financial settlement, with specialist counsel instructed for advocacy where needed.
Related teams include family law, divorce and wills and estate planning. Our article on financial settlements on divorce explains how the court divides assets where there is no agreement. You can browse all of our practices or contact our London office at Holborn Gate, 330 High Holborn, London WC1V 7QH, by email at info@trw.co or on +880 1779 127165.
Checklist for couples considering an agreement
Use this checklist to decide whether you need advice now and what to prepare. Prenuptial agreement solicitors in London will typically work through it at the first meeting.
- Is the wedding date at least several months away, leaving time for disclosure, advice and negotiation?
- Has each of you identified a separate solicitor to advise independently?
- Do you know what you want to protect: pre-marital property, business interests, trust interests or future inheritances?
- Have you thought about fair provision for the other party, especially if you plan to have children?
- Do either of you have assets, family or a marriage contract abroad that the agreement needs to address?
- Do your wills, shareholder agreements and trust documents need to change to match the agreement?
- Have you agreed when the agreement will be reviewed?
If you are already married, the same questions apply to a postnuptial agreement. Experienced prenuptial agreement solicitors in London can explain how the reform proposals may affect an agreement signed now.
Frequently asked questions
01Is a prenuptial agreement legally binding in England?
Not automatically. The court keeps its power to decide financial claims on divorce under the Matrimonial Causes Act 1973, and a nuptial agreement is one of the circumstances it considers. Since Radmacher v Granatino in 2010, however, the court should give effect to an agreement that each party entered freely with a full appreciation of its implications, unless it would be unfair to hold them to it. A carefully prepared agreement therefore carries great weight, especially in protecting pre-marital and inherited wealth.
02How far before the wedding should we sign?
As early as possible. There is currently no fixed legal deadline, but signing close to the wedding invites an argument that one party was under pressure. The government's 2026 proposals would prevent an agreement signed within the 28 days before the wedding from qualifying as binding. In practice, starting several months ahead allows time for disclosure, advice and negotiation. If time runs out, a postnuptial agreement after the wedding is often better than a rushed signature.
03Do we both need separate solicitors?
Yes. Independent legal advice for each party is one of the strongest indicators that the agreement was entered into with a full understanding of its effect. A solicitor cannot act for both parties because their interests conflict. The government's proposals would make independent advice a condition that cannot be waived. Each solicitor usually certifies that advice has been given, and that record becomes important if the agreement is challenged later.
04Can a prenup protect my business or inheritance?
That is one of the main reasons couples make them. Courts are more willing to respect an agreement that ring-fences non-matrimonial property, such as a business started before the marriage, family company shares, trust interests and inheritances. The agreement should also deal with growth in value and income from those assets. Protection is strongest where the agreement still makes fair provision for the other party's needs.
05What is a postnuptial agreement?
It is an agreement made after the wedding or civil partnership that sets out how assets would be divided if the relationship ended. The courts treat postnuptial agreements in essentially the same way as prenuptial ones. They are useful when there was no time for a prenuptial agreement, when circumstances have changed, or to update an earlier agreement after children, a business sale, an inheritance or a move abroad.
06Will the 2026 reforms affect an agreement we sign now?
The proposals in the Ministry of Justice consultation are not yet law, and the final legislation may differ, including on transitional arrangements for existing agreements. The safest approach is to prepare an agreement now that satisfies the current case law and, as far as possible, the proposed conditions: made by deed, signed well before the wedding, with material disclosure and independent advice for each party. That maximises its weight under either regime.
07Does a prenup made abroad work in England?
It can carry significant weight. In Radmacher itself the agreement was made in Germany. An English court will look at whether the parties understood its effect, what disclosure and advice they had, and whether holding them to it would be fair. A foreign agreement or marriage contract, such as a Bangladeshi kabinnama, may need supplementing with an English agreement if the couple lives in England and a divorce is likely to be heard here.
Sources and official materials
- Radmacher v Granatino [2010] UKSC 42 — Supreme Court test for nuptial agreements
- Matrimonial Causes Act 1973, section 25 — Factors the court must consider
- A fairer end to relationships (Ministry of Justice) — 2026 consultation on financial remedies reform
- Family Law (Scotland) Act 1985, section 16 — Setting aside agreements in Scotland
- Money and property when a relationship ends — GOV.UK guidance on financial arrangements
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.