Prenuptial agreement or postnuptial agreement – are they a good idea?

Prenuptial agreement or postnuptial agreement – are they a good idea?

Prenuptial Agreement Or Postnuptial Agreement – Are They A Good Idea?

For many couples, the idea of entering into a prenuptial or postnuptial agreement can feel far from romantic. When you’re putting the finishing touches to your wedding plans or living in wedded bliss, the possibility of divorce is, understandably, not something you want to think about.

Are prenuptial agreements something we should all be talking more about? Or do they ruin the romance? We take a closer look…

What are prenuptial and postnuptial agreements?

A prenuptial agreement, sometimes called a ‘prenup’, is a document detailing what should happen to a couple’s assets should their relationship break down in the future. A prenuptial agreement is entered into before the couple get married.

A postnuptial agreement is a similar document which can be entered into after a couple are already married.

Can’t we just deal with all this if we divorce?

While it may not seem romantic to be agreeing how you will split your assets should your relationship not work out, it is quite the opposite. By agreeing what should happen to your assets should you ever need to get a divorce, you are actually showing how much you do love each other, as you are doing everything you can to make sure, should the worst happen, you avoid months, maybe even years, filled with arguments and lengthy court battles over who gets what.

What’s more, the reality is that it is much better to sort out everything when you are on good terms, than when emotions are running high after a break-up.

With just under half of all marriages ending in divorce, dealing with these issues now can save a great deal of heartache – and money – in the future.

Are prenuptial agreements legally binding?

In England and Wales, prenuptial agreements are not fully binding, so the courts do not have to enforce them. However, the courts will be reluctant to depart materially from the terms of the agreement provided certain conditions are fulfilled.  In order to stand the best chance of an agreement of this type being enforced by a judge, it is vital to ensure that it is entered into correctly.

You must both:

  • obtain independent legal advice
  • understand the effect of entering into the
    agreement
  • enter into the agreement freely and willingly
    and at least 21, if not 28 days, before the ceremony
  • fully disclose your finances to each other

In addition, the agreement must be fair to both you and your partner.

Are postnuptial agreements legally binding?

In England and Wales, postnuptial agreements are not fully binding either.  However, provided the same conditions are fulfilled, with the obvious exception of the 21/28 day requirement, the courts will similarly be reluctant to depart materially from the terms of a postnuptial agreement.  

It’s also crucial that you do not rush into a prenuptial or postnuptial agreement. Otherwise, a judge could be less likely to enforce it.

A judge may be more likely to uphold prenuptial and postnuptial agreements which are more flexible and include the option to review the agreement, should circumstances change.

Get in touch for your free 30-minute consultation to discuss whether a prenuptial or postnuptial agreement could be right for you.

Scroll to Top

Success

Your submission was successful.

Regular Catch-up Strategies


At Grayfords, we understand the importance of developing effective strategies to achieve the desired outcomes for our clients in family law and private client law matters. That's why we prioritise regular catch-up strategies to ensure that your case is handled efficiently and aligned with your goals. 

As experienced family and private client lawyers, and strategy experts, we recognise that every case is unique and requires a tailored approach. Through regular catch-up sessions, we engage in open and collaborative discussions with our clients to gain a thorough understanding of their objectives, concerns, and preferences. These ‘catch-ups’ allow us to assess the progress of your case, identify any evolving needs or challenges, and adjust our strategies accordingly. We are also then able to put in place any personal support our clients may need should they wish to avail themselves of our coaching and therapy & mental health services at any point during their legal matter.

By maintaining regular communication, we can provide you with updates on the status of your case, share important information, and address any questions or concerns you may have. This proactive approach ensures that you are actively involved in the decision-making process and empowers you to make informed choices throughout the legal proceedings. 

Our aim is to ensure that your case is being handled in the most efficient and effective way possible. Through our regular catch-up strategies, we can evaluate the success of our current strategies, make necessary adjustments, and optimise our approach to maximise the chances of achieving a favourable outcome for you. 

At Grayfords, we value your input and understand that your goals are essential to the success of your case. Our commitment to regular catch-up strategies reflects our dedication to providing personalised and client-centered legal services. By working together, we can create a strong partnership and develop strategies that align with your vision and aspirations. 

Strategic Partnerships​


At Grayfords, we believe in the power of strategic partnerships to enhance the quality and efficiency of our legal services. We understand that legal matters often require expertise in various specialised areas, and that's why we have established strong relationships with trusted and renowned specialists in both family law, private client law, and therapy and mental health support.

Our strategic partnerships enable us to provide a streamlined and comprehensive legal service to our clients. When your case requires consultation or assistance in specific areas of the law, we have the resources and connections to quickly and efficiently engage the right experts. 

Whether it's a complex family law issue or a multifaceted private client law matter, our network of trusted specialists allows us to draw upon their knowledge and experience to provide the best possible advice and representation for our clients. These partnerships ensure that we can offer comprehensive solutions that address all aspects of your case, providing you with a holistic approach to your legal (and personal) needs. 

By collaborating with specialists in various legal fields, we can navigate intricate legal challenges more effectively, saving you time, effort, and potential complications. Our commitment to strategic partnerships means that we stay informed about the latest developments in family law and private client law, ensuring that our advice and strategies are up-to-date and relevant. 

At Grayfords, we value the importance of offering a well-rounded legal service to our clients. Our strategic partnerships enable us to tap into a wealth of expertise and resources, ultimately enhancing the quality and effectiveness of our services. You can trust that we have the necessary connections to consult with specialists whenever needed, ensuring that every aspect of your case is addressed with proficiency and efficiency while also supporting you on a personal level as needed.

Time for you


At Grayfords, we understand the value of time, and we prioritise our clients by ensuring that they receive the attention and support they need throughout their legal journey. Unlike other family law and firms, we never claim to be too busy for our clients. We believe that effective communication is essential, and our team is always accessible and responsive to your needs.

Whether you have a question, or concern, or need an update on your case, our dedicated team of family law and private client law experts will be readily available to assist you. We go the extra mile to ensure that you can reach us conveniently and promptly. You can count on us to answer your calls or reply to your messages on platforms like WhatsApp, enabling efficient and effective communication.

Our commitment to internal collaboration and dynamism ensures that there is always someone available to address your family law or private client law case. We understand that legal matters can be time-sensitive, and we strive to provide timely and accurate advice. You can rely on our team's collective knowledge and expertise to guide you through the complexities of family law and private client law.

At Grayfords, we recognise that your time is valuable, and we respect that by being responsive, accessible, and dedicated to your case. We prioritise open and transparent communication, keeping you informed and involved every step of the way. You can trust that we will dedicate the necessary time and attention to your legal matters, ensuring that you feel supported and well taken care of.

Specialised Service


At Grayfords, we offer a specialised range of services across both family law and private client law, tailored to meet the unique needs of our clients. With a focus on honesty, empathy, and pragmatism, we provide reliable legal advice that is designed to help our clients achieve success in their legal matters. 

In the realm of family law, we understand the emotional challenges that can arise during sensitive family disputes. Our team of experienced family law solicitors provides compassionate support and guidance throughout the process. Whether you are going through a divorce, child custody battle, or dealing with complex property division, we have the expertise to navigate these intricate matters while prioritising your best interests. 

In the field of private client law, we recognise the complexities and demands that business owners and HNWIs face in today's dynamic marketplace. Our private client law services encompass a wide range of areas including wealth planning, asset management, trusts, wills, probate, and lasting powers of attorney. We aim to be your trusted legal partner, offering strategic advice and solutions that align with your commercial objectives as you navigate your family matter. 

At Grayfords, we believe in fostering long-term exceptional working relationships with our clients. Our dedicated team goes above and beyond to understand your unique circumstances and provide tailored legal solutions that anticipate your individual needs. We pride ourselves on delivering an outstanding personal service level, ensuring that you feel supported and informed throughout your legal journey.  

Our ultimate goal is to alleviate the pressure and stress often associated with legal matters. We are committed to guiding you through the complexities of family law and private client law, allowing you to focus on what matters most to you. Trust Grayfords to provide you with the specialised legal services you deserve, backed by our expertise, integrity, and dedication to your success.