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Prenuptial agreement checklist

Make it Legal™ Checklist

Here are a few important steps to take to finish your document

Read the prenuptial agreement carefully to make sure it meets your needs.

Both of you must understand that if you sign this agreement and it’s upheld by the courts, neither of you will have any claim against the other for maintenance or support if the marriage or civil partnership ends.

Remember that if you have any questions you can easily Ask a lawyer.

Some people think that a prenup isn’t valid in the UK, but if you follow some simple rules when entering into it, there is no reason why the agreement should not be upheld by the courts. The most important points to help make sure your agreement is upheld are:

  • be completely honest with each other about what you own and earn

  • the agreement works best if your circumstances are fairly equal, as this agreement confirms that neither of you will seek maintenance from the other if the marriage or civil partnership breaks down

  • both of you must take independent legal advice or at least consider whether to take legal advice before signing

  • the agreement must be made by both of you, with no undue pressure from either of you

  • your signatures must be witnessed by different witnesses.

For more information, read our Quick Guide.

Have you both taken independent legal advice?  If not, don’t sign.

The prenuptial agreement is a special type of contract called a "deed". This means it must be signed in a special way:

  1. Print a copy for each person (the parties). You cannot sign online.

  2. You need two different witnesses to witness this agreement, one for each party. Each witness must be independent, have mental capacity and should:

    1. not be a family member

    2. not be under the age of 18.

  3. Each party should sign the agreement on the line beside their name, using their normal signature, in front of their witness.

  4. The witnesses must sign on the line beside the words "Witness signature" and underneath write out their name, address and occupation in the spaces provided.

  5. Complete the agreement by writing the date in the space provided at the top.

  • Make a copy for each party and store the originals safely away.

  • Review your agreement regularly, especially if there are any changes to your circumstances.

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