Prenups
& legal advice

Prenuptial agreements (or ‘prenups’) are marriage contracts that set out how your finances will be handled if you and your partner get divorced. 

Prenups are generally used when one or both partners have substantial wealth before getting married or entering into a civil partnership and they want to protect that wealth if the marriage fails.

Postnuptial agreements (or ‘postnups’) are similar to prenuptial agreements. Like prenups, postnups protect the assets of couples in the event of a divorce. However, postnups are entered into after the marriage or civil partnership has taken place.

Prenups and postnups are not automatically legally binding in England and Wales. However, they will be usually considered (and followed) by a court as long as the following safeguards are met:

• each party received independent legal advice about the agreement from the start

• the agreement is fair and reasonable

• the agreement was made at least 28 days before the marriage (this only applies to prenups)

• both parties made full and frank disclosure to the other regarding their financial wealth - this means that no assets were hidden

• neither party was under pressure or duress to sign the agreement against their will

• there have been no significant changes to the circumstances of the parties that make the agreement inappropriate (eg the birth of any children, or one partner developing a disability or losing their employment)

• the agreement is reviewed and amended when appropriate during the course of the marriage, particularly when children are born

The law is clear - for a prenup, postnup, or cohabitation agreement to be followed by the courts, both parties must have had independent legal advice to help them understand the terms and effect of their agreement and to ensure that it’s fair. 

Our experienced family lawyers can: 

• draft and/or review your document

• provide you with independent legal advice

• advise on and implement any necessary amendments

Our lawyer will help you understand the implications of your agreement, flag any potential issues that may need your attention, and advise on how to best handle these. 

We’ll then provide you with a signed Certificate of Independent Legal Advice. 

Unfortunately no, as each partner must have separate lawyers for Independent Legal Advice to ensure impartiality. Rocket Lawyer can assist one partner, while the other will need their own lawyer. We can recommend a lawyer for your partner to use.

Prenups and postnups allow you to protect your personal assets - like property - by clearly stating your intentions to keep them separate before or after marriage.

When you marry, your assets typically become 'matrimonial assets', meaning they can be divided in a divorce unless specifically protected. The main purpose of prenups and postnups is to safeguard individual belongings and limit potential legal claims, helping to reduce time and costs in court.

Cohabitation agreements are similar to prenups and postnups, but they apply to unmarried couples. Unmarried couples who move in together can use cohabitation agreements to set out how their assets are owned and are to be divided in case of a breakup. 

As for prenups and postnups, certain safeguards should be met for cohabitation agreements to be considered by the courts. For example, both parties should take independent legal advice before signing the agreement. 

For more information, read Cohabitation.