SECURITY AND cERTAINTY IN THE FUTURE, FOR BOTH PARTIES.

The purpose of a nuptial agreement is to agree a fair financial settlement between a couple in the event they get divorced/the civil partnership is dissolved, and it seeks to protect any pre- acquired assets such as inheritance, businesses or property and also seeks to deal with any future inheritance. Put simply, pre and post- nuptial agreements help to provide security, clarity and certainty in the future, for both parties.

Our expert legal team can help you navigate the range of nuptial agreements to find a bespoke solution to suit your and your partner’s specific needs.

The CB Clarity nuptial service includes :

  • Initial consultation where we will take full instructions on your circumstances and what you wish to achieve, we will then advise you what would work best for you. We will also guide you through the pros and cons of having an agreement and the procedure.
  • An experienced expert family lawyer to be your ongoing point of contact.
  • Comprehensive first draft of your nuptial agreement.
  • Recommendations for your partner’s independent legal representation.
  • Secure storage of your nuptial agreement.
  • Access to a network of expert lawyers who can advise on different areas of law as needed.

Read more

Read our brochure

Pre and post-nuptial agreements help to provide security, clarity and certainty in the future, for both parties. Download our brochure to learn more about the CB Clarity process,  the benefits of having a nuptial agreement in place, and to arrange an initial consultation.

Download brochure

Nuptial Agreements FAQs

Our Family team has put together a list of frequently asked questions around pre and post nups and what the process entails if you are considering entering into a nuptial agreement to provide peace of mind and security.

Go to FAQ page

More information

A nuptial agreement can be a pre-nuptial (before the marriage) or a post-nuptial agreement (after the marriage). Civil partnership agreements (pre-civil partnership and post-civil partnership agreements) are treated in the same way and all information on this page and corresponding brochures is applicable to civil partnership agreements too.

Whilst nuptial agreements are not binding on the courts,
they are likely to be upheld if certain
requirements have been met. Requirements
include the terms of the agreement being fair and that
the agreement must have been entered into without
duress. It is also essential that the agreement is signed
in reasonable time before the marriage and that before
entering into the agreement,

both of you should have obtained independent legal advice and that there must be full and frank disclosure.

Providing these requirements are met, you can be
reasonably certain that the agreement will be upheld by
the English court.

In the case of a pre-nuptial agreement, we would
advise you to have an introductory meeting with us as
soon as you can with the idea of us drafting the
agreement 3-4 months (or preferably earlier) before
your wedding date. This gives time for any negotiations.
If the agreement is not signed at least 28 days before
the wedding, it may be given less weight. In this event
we might then advise you also to sign a post-nuptial
agreement.

If you are considering moving abroad or have a connection to another country or several countries (for example assets held in another
jurisdiction) then there could be international considerations that we will discuss with you. We are able to make sure that any nuptial agreement is personalised to meet your and your families’ needs.

If you are moving to England and hold a foreign nuptial
agreement we can also advise you. The English court is
not bound by foreign nuptial agreements and will only
apply English law. Whether your foreign nuptial
agreement will be upheld (in full or in part) will very
much depend on the circumstances of its creation and
whether its terms are fair from an English law
perspective.

What is a nuptial agreement?

A nuptial agreement can be a pre-nuptial (before the marriage) or a post-nuptial agreement (after the marriage). Civil partnership agreements (pre-civil partnership and post-civil partnership agreements) are treated in the same way and all information on this page and corresponding brochures is applicable to civil partnership agreements too.

Are nuptial agreements legally binding?

Whilst nuptial agreements are not binding on the courts,
they are likely to be upheld if certain
requirements have been met. Requirements
include the terms of the agreement being fair and that
the agreement must have been entered into without
duress. It is also essential that the agreement is signed
in reasonable time before the marriage and that before
entering into the agreement,

both of you should have obtained independent legal advice and that there must be full and frank disclosure.

Providing these requirements are met, you can be
reasonably certain that the agreement will be upheld by
the English court.

When should I start thinking about a Nuptial Agreement?

In the case of a pre-nuptial agreement, we would
advise you to have an introductory meeting with us as
soon as you can with the idea of us drafting the
agreement 3-4 months (or preferably earlier) before
your wedding date. This gives time for any negotiations.
If the agreement is not signed at least 28 days before
the wedding, it may be given less weight. In this event
we might then advise you also to sign a post-nuptial
agreement.

Will the English court be bound by foreign nuptial agreements?

If you are considering moving abroad or have a connection to another country or several countries (for example assets held in another
jurisdiction) then there could be international considerations that we will discuss with you. We are able to make sure that any nuptial agreement is personalised to meet your and your families’ needs.

If you are moving to England and hold a foreign nuptial
agreement we can also advise you. The English court is
not bound by foreign nuptial agreements and will only
apply English law. Whether your foreign nuptial
agreement will be upheld (in full or in part) will very
much depend on the circumstances of its creation and
whether its terms are fair from an English law
perspective.

Learn more about your options

View our CB Clarity: prenups & postnups Lawyers:

Toby Yerburgh

Toby Yerburgh

Partner - Head of Family Law

Talk to Toby about Family & divorce

Tanya Roberts

Tanya Roberts

Partner

Talk to Tanya about Family & divorce

Philippa Dolan

Philippa Dolan

Partner

Talk to Philippa about Family & divorce

Michael Drake

Michael Drake

Partner

Talk to Michael about Family & divorce

Buffy Meyrick

Buffy Meyrick

Associate

Talk to Buffy about Family & divorce

“They are client focused and personable”

Client feedback- Legal 500