Prenuptial Agreement Solicitors

A prenuptial agreement (also known as a prenup, prenuptial contract or pre-marriage agreement) is an agreement made by a couple before marriage or civil partnership that sets out how property and other assets should be divided if the marriage or civil partnership later ends in divorce or dissolution.

Our specialist prenuptial agreement solicitors are part of our Family Solicitors team and have extensive experience drafting agreements that carry real weight if they are ever tested in court. Whether you're planning your wedding or simply thinking ahead, we can give you and your partner clarity and peace of mind before you marry.

Our article: Why more couples are considering prenuptial agreements explains more about the rise in prenups across England and Wales and why they can be beneficial.

Prenuptial agreements are becoming increasingly accepted as binding by the courts. Judges are now more willing to give "decisive weight" to a properly drafted agreement and enforce its terms, provided it has been prepared correctly.

In June 2026, the Government opened a consultation, a fairer end to relationships, which includes proposals to introduce legally binding “qualifying nuptial agreements”. These proposals have not yet become law. For now, prenups remain influential rather than automatically binding.

When considering whether to uphold a prenuptial agreement, the court will typically look at:

• Did the party with the most to lose understand the agreement?
• Did they have independent legal advice?
• Were they under any pressure to sign?
• Did both parties give sufficient disclosure of their financial circumstances to each other before signing?
• Was there a gap of at least 28 days between signing and the wedding or civil partnership ceremony?
• Would upholding the agreement result in an injustice to either party?

Getting these factors right from the outset is essential, and this is where working with experienced prenup solicitors makes a genuine difference to how much protection your agreement will offer. The 28-day timing point catches many couples out, so it's worth building a prenup into your plans early. Our article: Wedding Planning: Don't Forget the Pre-Nup explains why.

Many people ask us if a solicitor is needed for a prenuptial agreement. While there is no legal requirement to use a solicitor, doing so is strongly recommended, and independent legal advice is one of the key factors the court considers when deciding whether to uphold an agreement.

We always emphasise the importance of both parties instructing their own, separate solicitors, and ensuring the document itself is prepared by a family solicitor who specialises in this area. Without independent legal advice, full financial disclosure and a properly followed procedure, a prenuptial agreement can carry little to no weight if it is ever challenged.

Using specialist prenuptial agreement lawyers helps ensure:

• The agreement reflects both parties' individual circumstances and intentions
• Full financial disclosure is properly recorded
• The document is drafted in a way that anticipates how the court will scrutinise it and ensures the financial needs of the parties and any children are met
• Both parties can show they entered into the agreement freely, with a proper understanding of its terms

Entering into a prenuptial agreement is a sensitive subject, and one that needs to be approached with care and tact. Although it can still feel awkward to raise, attitudes are changing. Our article, Are Prenups Still a Taboo Subject? looks at how couples are approaching the conversation nowadays. Handled well, a prenup can help reduce stress, protect your assets, and provide valuable certainty and insurance against costly litigation further down the line.

Our prenuptial solicitors are skilled in guiding couples through this process sensitively and efficiently. Where appropriate, we can also use the collaborative family law process as an effective, non-confrontational way to agree terms and formalise a prenuptial agreement together.

Whether you're looking for a straightforward prenuptial or postnuptial agreement or need advice on a more complex financial arrangement, our specialist family solicitors can talk through your circumstances and explain how we can help. To discuss your case, give us a call on 01256 844888 or email enquiries@lambbrooks.com today.