Prenuptial Agreement: Planning for the Future with Confidence

For couples preparing to marry, a prenuptial agreement, commonly known as a “pre-nup”, can offer clarity, security, and peace of mind. While often associated with the wealthy, prenuptial agreements are increasingly used by individuals from all walks of life who wish to define their financial arrangements in the event of divorce or separation.

What is a Prenuptial Agreement?

A prenuptial agreement is a formal, written contract entered into by two individuals prior to marriage. It sets out how assets, property, income, and debts should be divided if the marriage ends. It can also deal with matters such as spousal maintenance and future inheritance.

Although not formally binding in England and Wales, courts are increasingly giving weight to prenuptial agreements — particularly where the agreement is fair, freely entered into, and each party has had independent legal advice. The landmark case of Radmacher v Granatino [2010] established that courts should uphold a prenuptial agreement unless it would be unfair to do so.

Why might you want a Prenuptial Agreement?

There are several situations where a prenuptial agreement may be advisable:

· Protecting Pre-Marital Assets: If you own property, investments, or a business prior to marriage, a prenuptial agreement can help preserve them.

· Second Marriages: Where either party has children from a previous relationship, a prenuptial agreement can protect their inheritance rights.

· Unequal Financial Positions: If one party has significantly more wealth or debt than the other, the agreement can establish a fair division.

· Family Wealth: If a party expects to receive future inheritance or family gifts, a prenuptial agreement can shield those assets.

· Business Interests: Entrepreneurs and business owners often use prenuptial agreements to ringfence business assets and avoid disruption in divorce.

How do you prepare a Prenuptial Agreement?

Creating a robust and effective prenuptial agreement requires careful planning and professional advice. The following steps are essential:

1. Start Early: It is best to begin discussions and legal drafting at least six months before the wedding. Courts may view last-minute agreements with scepticism.

2. Financial Disclosure: Both parties must fully disclose their assets and liabilities. Without transparency, the agreement may be set aside.

3. Independent Legal Advice: Each party should receive advice from a separate solicitor to ensure the agreement is understood and freely entered into.

4. Fairness and Review: The agreement must not be manifestly unfair. We also recommend periodic reviews — particularly if circumstances change (e.g., the birth of children).

How Garner & Hancock Help

At Garner & Hancock, we have extensive experience advising clients on the preparation and negotiation of prenuptial agreements. We understand that these conversations can be sensitive, and we approach every case with professionalism, discretion, and a focus on achieving long-term security for our clients.

Our services include:

Whether you are entering a marriage with considerable assets, a family business, or simply wish to provide clarity for the future, our family law team is here to guide you through every step of the process.

Contact us today to arrange a confidential consultation and ensure your future is protected, whatever it may hold.