20th September 2017

Pre-Marriage Agreements

A pre-marriage agreement (also known as a prenup, prenuptial agreement or prenuptial contract) is an agreement made by a couple before marriage or civil partnership that defines how property and other assets should be divided should they divorce or dissolve their civil partnership.


Our family solicitors draft pre-marriage agreements that can be very persuasive in court as evidence of a considered agreement between the couple.


Pre-marriage agreements are becoming increasingly accepted as binding in court, as they become more willing to accept that ‘decisive weight’ should be given to such agreements and enforce its terms.


The current criteria that the Court will look at when considering a Pre-Marriage Agreement are:

  • Did the party with most to lose understand it?
  • Did he/she have independent legal advice?
  • Was he/she under pressure to sign?
  • Did the parties each make full disclosure of their financial circumstances before the documents were signed?
  • Was there a time lag between the signing and the ceremony of at least 28 days?
  • Would an injustice be done if the agreement is upheld?

At Lamb Brooks, we will emphasise the importance of both parties consulting their own solicitors in the drafting of a pre-marriage agreement and that the document be drawn up by a family solicitor specialising in this field. Not following the correct procedure, or considering all the relevant factors could result in the agreement carrying no weight at all if challenged.


Entering into a pre-marriage agreement needs to be approached with sensitivity and tact, but such an agreement can help save stress, protect your assets as well as providing some insurance against potentially costly litigation. The collaborative family process can be used as an effective way to agree terms and formalise a pre-marriage agreement.

"From the service given, I have no reservation in recommendation. We have now "adopted" LB as our family solicitors regarding any legal matter. Many thanks for your help and guidance. "


Key Contacts

Laura Bell

Associate Solicitor

Rob Parker

Head of Family Law Team

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