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Your Prenuptial Agreement Experts

Clear, sensitive advice on prenuptial agreements, from solicitors who understand what is at stake.

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At Manak Solicitors, we help couples put prenuptial agreements in place that are fair, properly drafted, and as robust as the law allows.

We handle the process with care and discretion, making sure both parties feel comfortable with what is being agreed before anything is signed.

Rethinking what a prenuptial agreement actually means

Prenuptial agreements have a reputation problem. They are associated in the popular imagination with cynicism about marriage, with distrust between partners, or with wealthy individuals protecting assets from a future spouse. In reality, a well-drafted prenuptial agreement is none of those things. It is a considered, mutually agreed document that gives both parties clarity about their financial position going into a marriage, and that reduces the potential for conflict significantly if the relationship does not last.

Couples who enter into prenuptial agreements are not expecting to divorce. They are making a thoughtful decision together, at a time when they are on good terms and thinking clearly, about how they would want things to be handled if circumstances changed. That is not pessimism. It is the same kind of careful planning that leads people to write wills, take out insurance, or put a shareholders agreement in place when they start a business with someone they trust completely.

We approach every prenuptial agreement with that understanding. Our role is to make the process as straightforward and as positive as possible for both parties, and to make sure the document that results is one that genuinely reflects what both of you have agreed.

Prenuptial agreements in England and Wales

Prenuptial agreements are not automatically legally binding in England and Wales in the way they are in some other jurisdictions. A court is not bound to enforce one simply because it exists. However, following the landmark Supreme Court decision in Radmacher v Granatino in 2010, the courts have been clear that a prenuptial agreement will be given significant weight provided certain conditions are met.

Those conditions relate to how the agreement was made as much as to what it contains. An agreement is far more likely to be upheld if both parties had independent legal advice before signing, if there was full financial disclosure from both sides, if the agreement was entered into freely without any pressure, and if it was signed well in advance of the wedding rather than at the last minute. The fairness of the agreement itself also matters, and a court will be less likely to uphold provisions that leave one party in a significantly unfair position, particularly if circumstances have changed substantially since it was signed.

We draft prenuptial agreements that are designed to meet all of these conditions, and we advise both parties honestly on what the courts are and are not likely to uphold. An agreement that has been properly prepared and independently advised upon offers meaningful protection, even if it stops short of the absolute certainty that a court order provides.

What a prenuptial agreement can and can't do

Understanding the scope of a prenuptial agreement is important before entering into one. Here is what they can realistically cover and where the limits lie.

Property and assets brought into the marriage

A prenuptial agreement can specify that property or assets owned by one party before the marriage remain their separate property in the event of a divorce. This is particularly relevant where one party owns a home, has significant savings, or has received an inheritance that they want to ring-fence from the matrimonial pot.

Business interests

Where one or both parties own a business, a prenuptial agreement can seek to protect that business from being divided or disrupted in the event of a divorce. This can be important not just for the owner but for employees, co-owners, and other stakeholders who would otherwise have no say in how a divorce affects the business they are part of.

Inherited wealth and family assets

Inherited wealth, family trusts, and assets gifted by parents are areas where prenuptial agreements are particularly valuable. A well-drafted agreement can make clear that these assets are not intended to form part of any future financial settlement, which can provide significant reassurance to wider family members as well as to the parties themselves.

Financial arrangements during the marriage

Some couples use a prenuptial agreement to set out how finances will be managed during the marriage itself, including how joint and separate accounts will work, how major financial decisions will be made, and how income earned during the marriage will be treated. This can be a useful way of establishing shared expectations from the outset.

What it cannot do

A prenuptial agreement cannot make binding provisions about child arrangements or child maintenance in the event of a divorce. The courts retain the power to make decisions about children based on their best interests at the time, and no agreement made before the children were born can override that. It also cannot include provisions that are unlawful or that are so one-sided as to be fundamentally unfair.

Postnuptial agreements

A postnuptial agreement serves the same purpose as a prenuptial agreement but is entered into after the marriage has taken place. These are used where couples did not have a prenuptial agreement in place, or where circumstances have changed significantly since marriage and they want to update the financial arrangements between them. They are subject to similar legal considerations and we advise on them in exactly the same way.

Prenup's aren't just for the wealthy

The perception that prenuptial agreements are only relevant to people with significant wealth is one of the most persistent and unhelpful misconceptions in family law. While they are certainly important for people with complex financial arrangements, they can be equally valuable in a wide range of circumstances.

People marrying later in life

Those marrying in their thirties, forties, or beyond are more likely to have accumulated significant individual assets, including property, pensions, and savings, that they may want to keep separate from the matrimonial pot.

Those with children from a previous relationship

Where one or both parties has children from a previous relationship, a prenuptial agreement can help protect assets intended to be passed on to those children, and can provide clarity about how the finances of a blended family will work.

Business owners

Anyone who owns a business, whether as a sole trader, partnership, or a shareholder, has a strong interest in making sure that business is protected in the event of divorce. The disruption a contested divorce can cause to a business can affect employees and clients as well as the owner.

Those expecting an inheritance

Where one party expects to receive a significant inheritance, a prenuptial agreement can be used to establish in advance how the inheritance will be treated if the marriage ends, reducing the potential for conflict at an already difficult time.

Those entering a second marriage

Having experienced divorce once, many people entering a second marriage have a very clear sense of what they want to protect and what they are comfortable sharing. A prenuptial agreement allows those intentions to be documented clearly and be given proper legal weight.

Couples with significantly different financial positions

Where there is a substantial difference in the financial position of the two parties, a prenuptial agreement can provide clarity and reassurance for both sides, establishing what each party is bringing to the marriage and how it will be treated.

The factors that strengthen a prenuptial agreement

Because prenuptial agreements are not automatically binding in England and Wales, how the agreement is made matters as much as what it says. These are the factors that give an agreement the best possible chance of being upheld if it is ever challenged.

Both parties had independent legal advice

Each party should have their own solicitor review the agreement and advise them on its implications before they sign. This is one of the most important conditions the courts look for. An agreement signed without independent advice on one or both sides is significantly more vulnerable to challenge. We advise one party and always recommend that the other instructs their own solicitor independently.

Full financial disclosure was provided by both parties

Both parties must have a complete and accurate picture of the other’s financial position at the time the agreement is signed. This means disclosing all assets, income, liabilities, and any anticipated future changes such as a forthcoming inheritance. An agreement reached without full disclosure can be set aside on that basis alone.

The agreement was signed well in advance of the wedding

An agreement signed at the last minute, particularly in the days or weeks immediately before the wedding, is far more likely to be challenged on the basis that one party felt pressured into signing. We recommend that the agreement is finalised at least 28 days before the wedding, and ideally considerably earlier than that.

The agreement is fair and takes account of future circumstances

A court is unlikely to uphold an agreement that leaves one party in a significantly unfair position, particularly if circumstances have changed substantially since it was signed, for example through the birth of children or a major change in either party’s financial position. We draft agreements that are designed to remain fair across a range of future scenarios, and we advise on review clauses that allow the agreement to be updated as circumstances change.

Neither party was under any pressure to sign

The agreement must be entered into freely by both parties. If either party can demonstrate that they felt coerced, or that they signed without properly understanding what they were agreeing to, the agreement is at risk. The combination of independent legal advice, adequate time, and a properly explained document addresses this risk directly.

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What to expect if you work with us

Initial consultation

We start with a conversation to understand your circumstances, what you are hoping the agreement will cover, and whether a prenuptial agreement is the right instrument for your situation. We explain the legal framework clearly, including what the courts will and will not uphold, so you can make an informed decision about how to proceed.

Financial disclosure

Both parties prepare a full disclosure of their financial position, including all assets, income, liabilities, and any anticipated future changes. We guide you through this process carefully, making sure the disclosure is complete and that both parties have a clear understanding of the financial picture before the agreement is drafted.

Drafting the agreement

We draft the agreement based on what you have discussed and agreed, taking care to make sure the language is clear and the provisions are as robust as the law allows. We will flag any areas where we think a particular provision is unlikely to be upheld and advise on how to approach those issues.

Independent review by the other party

The other party should have the agreement reviewed by their own independently instructed solicitor before signing. This is an important step and one we strongly recommend in every case. We allow adequate time for this to happen properly, which is another reason to start the process as early as possible before the wedding.

Signing and storing the agreement

Once both parties are satisfied with the agreement and have received independent advice, it is signed and witnessed. We advise on safe storage of the original document and recommend that both parties keep a copy in a place they can access easily. We also advise on whether and when it would be sensible to review and update the agreement as circumstances change.

Why Choose Manak Solicitors as your Prenup Solicitor?

Prenuptial agreements require a particular kind of care that goes beyond technical legal drafting. The conversations involved can be sensitive, and the process needs to be handled in a way that feels constructive and positive for both parties rather than adversarial. We have considerable experience in approaching these discussions in exactly that way, and our clients consistently tell us that the process was more straightforward than they expected.

Our family law solicitors bring real depth of knowledge to the drafting itself. A prenuptial agreement that is not properly structured, that fails to meet the conditions the courts look for, or that contains provisions unlikely to be upheld, offers far less protection than it appears to. We draft agreements that are designed to be as robust as possible within the legal framework that applies in England and Wales, and we are honest with our clients about where the limits of that framework lie.

Where one party does not have their own solicitor, we can recommend independent advisers and we allow adequate time in the process for that advice to be properly obtained. We do not treat independent advice as a formality. It is a genuine condition of the agreement’s enforceability and we approach it as such.

Manak Solicitors holds Lexcel accreditation, the Law Society’s independently verified quality standard for practice management and client care. With offices across Kent and London and flexible remote appointments available, expert advice is accessible wherever you are and at whatever stage of the process you are at.

Local & Accessible

With offices in Sevenoaks, Orpington, Gravesend, London, and Biggin Hill, we are never far away. For those who prefer speed and convenience, our secure online systems- including our trademarked Instant Instruct tool- allow you to begin your case entirely online, without ever compromising on personal service.

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Frequently Asked Questions

Are prenuptial agreements legally binding in England and Wales?

Not automatically, but they carry significant legal weight when properly prepared. Following the Supreme Court’s decision in Radmacher v Granatino, courts are expected to uphold a prenuptial agreement where it was freely entered into by both parties with a full appreciation of its implications, unless it would be unfair to do so. A well-drafted agreement that meets the conditions the courts look for offers meaningful protection, even if it falls short of the absolute certainty of a court order.

How far in advance of the wedding should we start the process?

As early as possible, and at minimum several months before the wedding. An agreement signed close to the wedding date is more vulnerable to challenge on the basis that one party felt pressured. We recommend starting the process at least three to four months before the wedding to allow adequate time for drafting, independent review, any negotiation, and signing well in advance of the date.

Does my partner need their own solicitor?

Yes, and we strongly recommend it. Independent legal advice for both parties is one of the conditions the courts give most weight to when deciding whether to uphold an agreement. We act for one party and recommend that the other instructs their own solicitor independently. Where the other party does not yet have a solicitor, we can suggest how to find one.

Can a prenuptial agreement be changed after we are married?

Yes. A postnuptial agreement can be entered into after marriage and serves the same purpose. Many couples also include review clauses in their prenuptial agreement that trigger a review at specific points, such as the birth of a child or after a certain number of years of marriage. We advise on both the initial agreement and any subsequent updates.

What happens if we do not have a prenuptial agreement and then divorce?

Without a prenuptial agreement, the division of assets on divorce is determined by the court applying the statutory framework, which gives significant discretion to the judge. Assets brought into the marriage, inherited wealth, and business interests may all be treated as part of the matrimonial pot depending on the circumstances. A prenuptial agreement does not eliminate the court’s discretion entirely, but it provides a clear statement of intent that the courts give real weight to.

Will bringing up a prenuptial agreement damage our relationship?

In our experience, it rarely does when the conversation is approached in the right way. Couples who talk openly about finances before marriage, with proper legal guidance, generally find it a positive experience that strengthens rather than undermines their relationship. The fact that both parties have agreed on financial expectations going in, and that those expectations are clearly documented, tends to reduce rather than increase financial tension during the marriage.
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Manak Solicitors is a trading name of Manak Lawyers Limited registered at Companies’ House in England & Wales Company Number: 09877015

Manak Lawyers Limited is authorised and regulated by the Solicitors Regulation Authority under SRA No. 627738, 628462, 648124 & 8009629.

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