In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team at Collyer Bristow, and Philippa Dolan, Partner in the Family team, discuss prenuptial agreements in the UK and whether they are legally binding in the event of divorce.

Responding to a listener’s question, they explore a real-life scenario involving an engaged couple where one partner owns a growing tech business and the other has more modest assets, a teenage child from a previous relationship, and concerns about financial security and future children. The episode considers why prenuptial agreements are increasingly used in England and Wales, particularly in cases involving business ownership, asset protection, and inheritance planning.

Samara and Philippa explain how UK courts approach prenups, including the key legal requirements such as fairness, independent legal advice, full financial disclosure, and the absence of pressure or undue influence. They also clarify how much weight courts give to prenuptial agreements in divorce proceedings, and why they are not automatically binding.

The discussion also covers postnuptial agreements, how they differ from prenups, and when couples may choose to enter into them after marriage. The episode examines whether postnups offer the same level of financial protection and how timing can affect enforceability and negotiations.

A further focus is the protection of business assets in divorce, including concerns raised by business partners about shareholding risk, valuation issues, and the potential impact of marital breakdown on company interests.

As ever, the episode highlights the intersection between family law, private wealth, and relationship dynamics, offering practical insight into how courts approach financial agreements made before and during marriage.

This episode provides clear guidance on prenuptial agreements in the UK, postnuptial agreements, divorce financial settlements, and how the family court assesses fairness and enforceability.

Stay tuned. New episodes of LawTorn are released on the last Monday of each month.

For questions or feedback, please contact us at lawtorn@collyerbristow.com