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Toby Yerburgh
Partner - Head of Family Law
Private Wealth /
Prenuptial Agreements
Our experienced family solicitors have a wealth of experience in drafting legally robust and effective prenuptial agreements. With our help, you can have peace of mind knowing that, if the worst comes to worst, you have the financial support and certainty you need.
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What is a prenuptial agreement?
A prenuptial agreement or ‘prenup’ is a legal document drawn up between two people before they get married. It sets out the division of assets, property, income and debts in the event of a breakdown of the marriage.
What is the purpose of a prenuptial agreement?
The main purpose of a prenuptial agreement is to provide certainty regarding how your wealth will be divided should you get divorced. Having an agreement in place means you can control your individual entitlements rather than leaving it to the discretion of the courts.
Typical reasons for entering into a prenup include:
- Protecting an inheritance
- Protecting wealth or specific assets you want your children to inherit
- Allowing one person to retain control of their business
- Protection from your partner’s debt
- Ensuring you both have a say in how finances will be divided if the relationship breaks down
Why should you have one?
Prenuptial agreements are more likely to be put in place when one partner has more assets than the other. For example, those with a business ownership, property portfolio or large inheritance may want to protect their assets from division in the event of a divorce. Couples who are entering second marriages and those marrying in later life also may choose to sign a prenup as a way of protecting their pensions and the inheritance of their children.
Anyone can enter into a prenup, however, and for any reason. If you’re entering into a civil partnership, your solicitor can draw up a pre-registration agreement in the same way.
Are prenuptial agreements legally binding in the UK?
Premarital agreements are not legally binding in the UK. However, the court will accept them as evidence of a couple’s intentions as long as both parties received legal advice when they made the agreement, both parties were honest about their financial situation before the agreement was formed and as long as they are regarded by the Court as ‘fair’ and meeting their needs and the needs of their children.
A prenup should be signed at least 28 days before the marriage or civil partnership. It’s important to speak with a specialist solicitor as soon as you can to ensure the agreement is robust enough to stand up in Court.
What’s included in a prenuptial agreement?
Prenuptial agreements are bespoke documents and can be tailored to your exact requirements. Some are incredibly detailed and will include an inventory of every asset you own, with details on how you wish for them to be divided should you divorce.
The best place to start is to create a list of your respective property, assets, income, savings, bank accounts, stocks, pension pots, inheritance and business interests. Then, with the help of a solicitor, work out what should happen to each asset line by line. You can also include arrangements for future income and assets you acquire.
What cannot be included in a prenup?
While a wide range of financial matters can be included in a prenup, there are some issues that you cannot include. These include any provisions that relate to child arrangements or maintenance arrangements that are not in the child’s best interests and distributions that are fraudulent or patently unfair. An unjust prenup that leaves one party out in the cold is likely to be thrown out by the Court.
Our experienced family solicitors have a wealth of experience in drafting legally robust and effective prenuptial agreements. With our help, you can have peace of mind knowing that, if the worst comes to worst, you have the financial support and certainty you need.
Answer questions online and receive free, instant and personalised information about your situation.
Quick glance: publications
Prenuptial Agreements Publications
CB Clarity:prenups & postnups - prenups & postnups
Learn more about the CB Clarity prenuptial and postnuptial agreement process, the benefits of having a nuptial agreement in place, and how to arrange an initial consultation.
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Need some more information? Make an enquiry below
Prenuptial Agreements key contacts
- toby.yerburgh@collyerbristow.comToby
YerburghPartner - Head of Family Law
Talk to Toby about Family & divorce
Prenuptial Agreements
Prenuptial Agreements
Our experienced family solicitors have a wealth of experience in drafting legally robust and effective prenuptial agreements. With our help, you can have peace of mind knowing that, if the worst comes to worst, you have the financial support and certainty you need.
Key contact
Toby Yerburgh
Partner - Head of Family Law
The Team
Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.
Find out where you stand
Answer questions online and receive free, instant and personalised information about your situation.
Does your Will need updating?
With 10 simple questions, discover whether you need to update your Will in order to protect your wishes.
What is a prenuptial agreement?
A prenuptial agreement or ‘prenup’ is a legal document drawn up between two people before they get married. It sets out the division of assets, property, income and debts in the event of a breakdown of the marriage.
What is the purpose of a prenuptial agreement?
The main purpose of a prenuptial agreement is to provide certainty regarding how your wealth will be divided should you get divorced. Having an agreement in place means you can control your individual entitlements rather than leaving it to the discretion of the courts.
Typical reasons for entering into a prenup include:
- Protecting an inheritance
- Protecting wealth or specific assets you want your children to inherit
- Allowing one person to retain control of their business
- Protection from your partner’s debt
- Ensuring you both have a say in how finances will be divided if the relationship breaks down
Why should you have one?
Prenuptial agreements are more likely to be put in place when one partner has more assets than the other. For example, those with a business ownership, property portfolio or large inheritance may want to protect their assets from division in the event of a divorce. Couples who are entering second marriages and those marrying in later life also may choose to sign a prenup as a way of protecting their pensions and the inheritance of their children.
Anyone can enter into a prenup, however, and for any reason. If you’re entering into a civil partnership, your solicitor can draw up a pre-registration agreement in the same way.
Are prenuptial agreements legally binding in the UK?
Premarital agreements are not legally binding in the UK. However, the court will accept them as evidence of a couple’s intentions as long as both parties received legal advice when they made the agreement, both parties were honest about their financial situation before the agreement was formed and as long as they are regarded by the Court as ‘fair’ and meeting their needs and the needs of their children.
A prenup should be signed at least 28 days before the marriage or civil partnership. It’s important to speak with a specialist solicitor as soon as you can to ensure the agreement is robust enough to stand up in Court.
What’s included in a prenuptial agreement?
Prenuptial agreements are bespoke documents and can be tailored to your exact requirements. Some are incredibly detailed and will include an inventory of every asset you own, with details on how you wish for them to be divided should you divorce.
The best place to start is to create a list of your respective property, assets, income, savings, bank accounts, stocks, pension pots, inheritance and business interests. Then, with the help of a solicitor, work out what should happen to each asset line by line. You can also include arrangements for future income and assets you acquire.
What cannot be included in a prenup?
While a wide range of financial matters can be included in a prenup, there are some issues that you cannot include. These include any provisions that relate to child arrangements or maintenance arrangements that are not in the child’s best interests and distributions that are fraudulent or patently unfair. An unjust prenup that leaves one party out in the cold is likely to be thrown out by the Court.
Our experienced family solicitors have a wealth of experience in drafting legally robust and effective prenuptial agreements. With our help, you can have peace of mind knowing that, if the worst comes to worst, you have the financial support and certainty you need.
Toby YerburghPartner - Head of Family Law
View Toby Yerburgh's profileBuffy Wood (née Meyrick)Associate
View Buffy Wood (née Meyrick)'s profileChristina PippasAssociate
View Christina Pippas's profileLaura Burrows (née Plumbly)Associate
View Laura Burrows (née Plumbly)'s profileMichael DrakeConsultant
View Michael Drake's profilePhilippa DolanPartner
View Philippa Dolan's profileSonabella HarjiAssociate
View Sonabella Harji's profileTanya RobertsPartner
View Tanya Roberts's profileAnswer questions online and receive free, instant and personalised information about your situation.
Prenuptial Agreements Publications
Prenuptial Agreements insights
Shorter Reads
Latest divorce statistics provide another reason for non-court dispute resolutionLatest divorce statistics provide another reason for non-court dispute resolution
Read more
Longer Reads
Is allowing the press into the family court really in the name of transparency, or just titillation?Is allowing the press into the family court really in the name of transparency, or just titillation?
Read more
Shorter Reads
What to expect in the private family law sector in 2023?What to expect in the private family law sector in 2023?
Read more
Longer Reads
Renegotiating ex-spousal maintenance support amid cost of living crisisRenegotiating ex-spousal maintenance support amid cost of living crisis
Read more
Shorter Reads
Parental Responsibility & relocating children following divorceParental Responsibility & relocating children following divorce
Read more
Shorter Reads
Property Tycoon jailed after refusal to grant Jewish Religious divorceProperty Tycoon jailed after refusal to grant Jewish Religious divorce
Read more
Shorter Reads
No Fault DivorceNo Fault Divorce
Read more
Shorter Reads
“I’m taking the dog” – Pets and divorce in the UK“I’m taking the dog” – Pets and divorce in the UK
Read more
Shorter Reads
Mediating contact arrangements – Is it for you?Mediating contact arrangements – Is it for you?
Read more
Shorter Reads
Cohabitee crisis – a long and winding roadCohabitee crisis – a long and winding road
Read more
Shorter Reads
Family lawyers raise concerns about new transparency proposalsFamily lawyers raise concerns about new transparency proposals
Read more
Longer Reads
Growth journey’s end – When billionaires divorceGrowth journey’s end – When billionaires divorce
Read more
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