Pre-Nuptial & Post-Nuptial Agreements

A pre-nuptial or post-nuptial agreement can help you to protect your wealth. Our award-winning solicitors can guide you both through the entire process, sensitively and efficiently.

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A pre-nuptial agreement (or ‘prenup’) is a legal document created between a couple before they get married or enter a civil partnership. It outlines how assets will be divided in the event of divorce. A postnuptial agreement (or ‘postnup’) is similar, but signed after the marriage or civil partnership has already occurred.

Both prenups and postnups essentially act as ‘insurance policies’ — seeking to safeguard property, businesses, trusts, inherited wealth and other assets. While nuptial agreements aren’t currently legally binding (because it’s not possible to prevent the role of the court in the event of any dispute during future divorce or dissolution proceedings), they can provide a greater likelihood of ﬁnancial security and certainty. They’re especially popular with people who’ve built up wealth or a business before meeting their partner or with those who’ve been married before and want to safeguard assets for their children if they end up divorcing again.

Once seen as something that only the ultra-wealthy needed, nuptial agreements have become increasingly common among all types of couples — especially younger generations looking to take the financially-savvy, sensible and pragmatic step of protecting their wealth. With financial independence becoming a bigger priority and the introduction of inheritance tax changes, more couples are turning to these agreements to help safeguard their assets and future inheritances.

Some couples may still see nuptial agreements as potentially awkward or ‘unromantic’ to discuss — which doesn't have to be the case. While there may well be more romantic topics to discuss ahead of your wedding day, entering into a prenup is a common and sensible precaution. Since every prenup is a bespoke document, you and your partner can collaborate on what goes into it — and it may even help you to agree some of the financial arrangements for your life together.

Commended in The Times Best Law Firms 2025, our award-winning family lawyers make the process of drafting a prenup or postnup simple and straightforward. We provide sensitive, tailored, personalised guidance and advice at every stage.

We're recognised in leading industry directories — including The Legal 500 and Chambers and Partners — and have particular expertise in drafting agreements on behalf of high-net-worth individuals with complex, high-value assets.

Contact our team by calling 0333 004 4488, emailing family@brabners.com or completing our contact form below.

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Nationally recognised pre- and post-nuptial agreement solicitors

We have one of the largest and most decorated legal teams in the North. Our award-winning family solicitors work closely with our private client solicitors to carefully draft the terms of pre- and post-nuptial agreements — providing you with holistic, sound and realistic advice at every stage. Rest assured of having the very best expertise on your side.

We understand that it can be hard to talk about what may happen if you separate from your partner in the future. We'll work closely with you and address the situation sensitively and strategically, drawing on our decades of experience to minimise any potential for conflict or tension when negotiating terms.

We’ll be here to act as your legal partner — going the extra mile to help you achieve your objectives and make sure that your prenup or postnup is signed in a timely way. We routinely act on behalf of wealthy individuals and families, celebrities and entrepreneurs, which can involve work with complex assets such as businesses and trusts.

As experts in international family law, we also assist with prenups and postnups where assets are based in different countries worldwide. This expertise is bolstered by our memberships with the Association of European Lawyers and Eurolegal. We can create mirror agreements or liaise with international lawyers to ensure that an agreement will be valid in multiple jurisdictions.

While we can work with our clients virtually across the country (including in London) and internationally, we'd be delighted to meet you face-to-face at one of our welcoming offices in Liverpool, Manchester, Leeds or Lancashire.

Meet our prenup and postnup experts

Leanne Instrall

Partner

Helen Marriott

Partner, Practice Group Head - Brabners Personal

Amy Harris

Legal Director

Meet the team

“Brabners has one of the North of England’s largest family law teams, with expertise across financial, children, international and fertility work.”

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Pre-nuptial and post-nuptial agreements: the basics

What is a pre-nuptial agreement?

A prenup is a legal document that's signed by two people before they marry or enter into a civil partnership. It works a bit like an insurance policy, helping you and your partner to plan in advance what will happen to your assets if your relationship breaks down — with the aim of making the process of a future divorce easier, cheaper and less stressful.

What is a post-nuptial agreement?

A postnup works in a similar way to a prenup — outlining how assets would be divided in the event of divorce — except that it's signed after the marriage or civil partnership has taken place. It may be appropriate if there's a change in a person’s financial position, such as receiving inheritance or selling a business. Some prenups will be reviewed after a marriage following significant events such as after the birth of a child. In such a case, the prenup would then become a postnup.

Are pre and post-nuptial agreements legally binding in the UK?

Prenuptial agreements aren't automatically legally binding — the court retains discretion to make orders that are different to the terms of the agreement at the time of a divorce. However, if you enter into a nuptial agreement you should expect to be held to it. The terms of these agreements are highly persuasive to a court and have taken on added importance with courts in England and Wales following Radmacher vs Granatino 2010. So long as the agreement isn't deemed to be unfair and each party has full appreciation of its implications, the agreement is likely to be upheld.

Who should get a pre- or post-nuptial agreement?

Most commonly, the types of people who opt for nuptial agreements are those who’ve built up wealth or a particular asset (such as a business) independently before they met their partner. Some people similarly seek to protect potential inheritance that they may not have received yet. Prenups are also common where people have been married before and want to ensure that their assets are protected for the benefit of their children in the event of a future divorce.

Can you change a pre-nuptial agreement after marriage?

Yes, prenups can be revised following marriage. Some agreements might be reviewed after a significant event, such as redundancy, bankruptcy or the birth of a child. By reviewing the agreement, you’re ensuring that the terms are still fair and reasonable. It’s essential that any marital agreement meets the needs of any children and their main carer. The revised agreement will then be known as a post-nuptial agreement (postnup).

More FAQs: pre- and post-nuptial agreements

Case study: Creating a fair pre-nuptial agreement for engaged business owner

Learn more about the process involved with drafting a prenuptial agreement. Our family law team advised a business owner — who was engaged to be married to her partner — to create a document that would protect her business in the unlikely event of a future divorce.