What is a Pre-Nuptial Agreement?

9th April 2020
What is a Pre-Nuptial Agreement? image

What is a Pre-Nuptial Agreement?

What is a Pre-Nuptial Agreement?

A Pre-Nuptial Agreement is a legal agreement made between two people who are about to get married. It normally states how the parties want to divide their assets if they later divorce or maybe how they want to deal with finances during the marriage.

What are the Advantages of a Pre-Nuptial Agreement?

Pre-Nuptial Agreements are appropriate for many circumstances, but typically they are made by people who are marrying for a second time, have acquired wealth prior to the marriage, those with inherited wealth or those who want to reduce the possibility of conflict if they were to divorce in the future.

Pre-Nuptial Agreements are great for having that peace of mind before getting married so that both parties know exactly where they stand in all circumstances.

Is a Pre-Nuptial Agreement worth entering into?

If you are sure of the agreement and are willing to be bound by the terms of the agreement then it may be worth entering into. It is certainly worth considering whether the agreement could be disadvantageous to you should you separate from your spouse in later years. It is important that you make a fair agreement for you and that you both take separate and independent legal advice from a specialist solicitor.

Will the agreement be binding?

In England and Wales the courts do not have to follow the terms of a  Pre-Nuptial Agreement when dividing up the assets of the marriage but in recent years the courts have been more willing to adopt the terms of a pre-nuptial in certain circumstances. The agreement is likely to be binding if the parties enter into it of their own free will, without undue influence or pressure and if they have been informed of its implications. It must also be fair to hold the parties to their agreement. For the agreement to carry weight, it needs to be properly drawn, both parties need full knowledge of each other's financial circumstances, and both parties need to take independent legal advice before entering into the agreement. Factors which may make an agreement unfair include failure to take account of the needs of any children or the length of the marriage.

A Pre-Nuptial Agreement must be fully completed at least 28 days before the wedding. Therefore, the process must be started before this to allow both parties time to obtain legal advice, get disclosure of each party's financial situation and allow both parties to sign the agreement.

Missed the deadline?

If the Pre-Nuptial Agreement is not completed in time, a Post-Nuptial Agreement may be an alternative. The difference between a Pre-Nuptial Agreement and a Post-Nuptial Agreement is that a Post-Nuptial Agreement is made between two parties who are already married.

What do I do next?

Maples Solicitors LLP has a specialist family law team who are more than happy to advise on any area of family law and the best course of action. Maples Solicitors LLP has years of experience with Pre-Nuptial and Post-Nuptial agreements. Maples offer an initial Fixed Fee Appointment so that you can discuss what is best for you.


If you would like further advice and information, please contact Maples Solicitors LLP on 01775 722261 or email anita.toal@maplessolicitors.com.

Our Covid-19 Risk Assessment image

Our Covid-19 Risk Assessment

At Maples Solicitors, our top priority is keeping staff and clients safe during Covid-19. 

We are working tirelessly to make our offices, meeting rooms, and communal spaces safe for everyone. These measures include social distance meeting for everyone and handwashing stations throughout the building. Phone or video call appointments are also available for those who do not feel safe leaving their homes.

You can read our Risk Assessment below, and if you have any question or concerns, please contact us at Enquiries@Maplessolicitors.com or 01775 722261 

 Covid-19 Risk Assessment



Read More


Jamie Dobbs SCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.