Work with a dedicated, qualified lawyer from start to finish.
Clients rate us Excellent on TrustPilot and Review Solicitors with over 15,000 reviews.
Author: Alastair Sinclair, Senior Consultant Family Solicitor | Last updated: 24th April 2026
Pre-nuptial and post-nuptial agreements are now a well-established part of financial planning and are increasingly used as a form of risk management. In my practice, I advise clients on how to structure clear, robust agreements that define how assets, income and liabilities are to be treated, while protecting existing wealth and reducing uncertainty in the event of a relationship breakdown. They are particularly relevant where there are pre-existing assets, business interests, or family wealth that one or both parties wish to ringfence.
This guide addresses the key questions I am most frequently asked.
What is a pre-nuptial agreement?
A pre-nuptial agreement (often referred to as a “prenup”) is a formal agreement entered into before marriage, setting out how financial matters should be dealt with if the relationship later breaks down.
Typically, a prenup will cover:
- Property and assets owned before the marriage
- How jointly acquired assets will be treated
- Business interests and investments
- Inheritance and family wealth
- Financial provision on separation
In practical terms, it allows couples to agree financial outcomes in advance, rather than leaving matters to be determined at a later stage.
What is a post-nuptial agreement?
A post-nuptial agreement (“postnup”) is entered into during the marriage, but serves the same purpose.
In my experience, postnups are often used where:
- A prenup was not put in place before marriage
- There has been a significant change in financial circumstances
- One party has received an inheritance or developed a business
- The parties wish to formalise arrangements after a period of difficulty
A postnup can be just as effective as a prenup when properly prepared.
Need advice on pre-nuptial and post-nuptial agreements?
Alastair Sinclair is a senior family solicitor at Setfords Solicitors, advising on complex financial matters arising from relationship breakdown, including high-value divorce and nuptial agreements. He works with clients nationwide, providing clear, strategic advice to protect assets and achieve certainty.
When should you get a pre-nuptial agreement?
A pre-nuptial agreement should be addressed well in advance of the wedding.
Best practice is:
- At least 28 days before the marriage, but ideally 2 months before
- Following full financial disclosure by both parties
- With independent legal advice for each party
From a practical perspective, leaving matters too late can weaken the agreement and increase the risk of challenge.
When should you consider a post-nuptial agreement?
A post-nuptial agreement may be appropriate where:
- You are already married and want to clarify financial arrangements
- There has been a change in financial position
- You wish to protect assets for children from a previous relationship
- You want to introduce certainty following a period of instability
In practice, a postnup is often a sensible step where planning has not been done at the outset.
Are pre and post nuptial agreements legally binding in the UK?
This is one of the most frequently asked questions.
In England and Wales, such agreements are not automatically legally binding. However, following the Supreme Court decision in Radmacher v Granatino, the courts will generally uphold them if they are properly entered into.
An agreement is likely to carry significant weight where:
- Both parties entered into it freely
- There has been full financial disclosure
- Each party has received independent legal advice
- The terms are fair in the circumstances
In many cases, a well-prepared agreement will be highly influential to the court.
How Setfords can support you.
We pride ourselves on always offering a bespoke service without compromising on quality. So, if you’re looking for a prenup or postnup solicitor who can deliver a truly personal service and guide you through the process with ease, look no further and get in touch today.
When should you consider a pre-nuptial or post-nuptial agreement?
In my practice, these agreements are particularly relevant where:
- One or both parties have significant pre-existing assets
- There are business interests or complex financial structures
- There is family wealth or anticipated inheritance
- One or both parties have children from a previous relationship
- There is a desire for clarity and financial certainty
They are not limited to high-net-worth individuals; increasingly, they are used by those who simply want to avoid uncertainty and potential dispute.
What makes a pre-nuptial or post-nuptial agreement effective?
The strength of any agreement lies in how it is prepared.
Key factors include:
- Early instruction and careful planning
- Full and transparent financial disclosure
- Clearly drafted, balanced terms
- Independent legal advice for both parties
- Consideration of future needs, particularly housing and children
A poorly prepared agreement can be challenged. A well-structured agreement is far more likely to be upheld.
How can a nuptial agreement help avoid disputes?
From a practical perspective, these agreements:
- Provide clarity from the outset
- Reduce the scope for disagreement
- Protect specific assets or family wealth
- Enable a more straightforward resolution if separation occurs
In many cases, they significantly reduce the likelihood of contested financial proceedings.
Final Thoughts
Pre and post nuptial agreements are not about anticipating failure; they are about providing clarity and managing risk.
In my experience, where these agreements are properly structured, they place clients in a far stronger position if circumstances change. Where they are not, the absence of clarity can lead to uncertainty, cost, and dispute.
View Profile
Contact our team
Location
Business Hours
