Prenuptial Agreement Solicitors

Getting married is an exciting time for you and your family and friends – and splitting up should be the furthest thing from anyone’s mind. But some people can have complicated marriages, especially regarding financial matters. Should the marriage end for any reason, one way to make the process smoother is to have a prenuptial agreement in place. This document can help protect your assets and secure them for the future. Prenuptial agreement solicitors like Osbourne Pinner can help you draft an enforceable agreement and provide expert advice on all aspects of the process.


A prenuptial agreement, also known as a premarital agreement or prenup, is an enforceable contract entered into by a couple before they get married. The agreement aims to outline each spouse’s financial arrangements and responsibilities in the event of a divorce or separation. Prenuptial agreements typically address potentially complex issues, including the division of property, assets, and debts if the marriage or civil partnership ends in divorce or separation. They may also include spousal or child support arrangements and the division of business interests or other financial assets. In some cases, prenups can include provisions related to the care and support of children from any previous relationship or conditions for the division of assets in the event of the death of one spouse. Prenuptial agreements are typically created with the help of experienced divorce solicitors, and both parties must sign them before the marriage takes place. Using a prenup will protect both parties’ financial interests and establish a clear understanding of how assets and debts will be divided in the event of a divorce.

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Prenuptial agreements aren’t legally binding in the UK, but they can be respected and enforceable by a court if they meet specific requirements. To meet these requirements, the prenuptial agreement must:

  • Be in writing and signed by both parties
    Be entered into voluntarily, without any duress or coercion
  • Be fair and reasonable at the time it’s signed
  • Be signed by both parties only after they’ve received independent legal advice
  • Be signed by both parties only after the full disclosure of their financial circumstances

If a prenuptial agreement meets these requirements, it may be taken into consideration by a court in the event of a divorce or separation. However, because of a prenup’s non-legally binding status, a court has the discretion to override the terms of the agreement if it deems it not fair or reasonable in the circumstances.

It is important to note that prenuptial agreements are not typically enforceable in the UK in cases involving children. A court will always consider the children’s best interests in determining financial arrangements or a child arrangement order in the event of a divorce.


If you’re considering a prenuptial agreement, working with a divorce solicitor is essential to ensure it’s as watertight as possible and meets all the necessary requirements. Here are some steps you can take to draw up a prenuptial agreement to get started:

  • Start by discussing the idea of a prenuptial agreement with your partner. Make sure you both understand the purpose and potential benefits of the agreement and discuss any concerns you may have.
  • Both parties must receive expert independent legal advice from separate solicitors before signing a prenup. This independence ensures that both parties fully understand their rights and obligations under the agreement and that it’s entered into voluntarily.
  • Get all financial information together. To create a fair and reasonable agreement, you’ll need to fully disclose your financial circumstances to your partner and your solicitors, including information about your assets, debts, income, and expenses.


When you’ve agreed on the principle of having a prenuptial agreement, sought independent legal advice, and gathered all the necessary financial documents and information, you’ll need to see a divorce solicitor to get your prenup drafted legally. Here’s a breakdown of what happens during this process:

Draft the agreement

Your solicitor will work with you to draft the prenup, accounting for your financial circumstances and any specific concerns or requests you may have.

Review and negotiate the agreement

Once the draft agreement has been prepared, you and your partner should review it carefully and discuss any changes or modifications that may be needed. Your solicitors can help with this process, so the final agreement is correct.

Sign the agreement

Once both parties agree on the exact terms, you’ll need to sign it before witnesses and keep a copy for your records.
Osbourne Pinner can offer you a competitive fee for the preparation of your prenuptial agreement and its accompanying schedule of assets, including:

  • A consultation to discuss what you’d like to be covered in the agreement
  • Advice on any issues you may wish to consider including in the agreement
  • Preparation of financial disclosure (schedule of assets)
  • A further meeting to discuss the other party’s financial disclosure (if necessary)
  • Discussions with you via letter, phone, or email to address matters arising during the process
  • Correspondence with the other party’s legal team on your behalf to finalise the agreement and arrange for signature
  • Storing a copy of your agreement for six years


The amount of time it takes to prepare a prenuptial agreement will depend on several factors, including the complexity of the agreement, the availability of the parties and their divorce solicitors, and the level of negotiation required. Depending on these factors, it can take between several weeks to several months to complete the process. We’d always advise you to create a prenuptial agreement well in advance of your wedding to ensure the agreement is completed correctly and to give both parties sufficient time to consider the terms. However, it’s never too late to create a prenup, even if the wedding is fast approaching. It may be possible to complete it beforehand by speeding up the process.


In any divorce, a prenuptial agreement can cover many issues, usually surrounding money and financial matters. As expert divorce solicitors, the Osbourne Pinner legal team can advise you on what’s suitable or necessary to include in your prenup, which can include:


A prenuptial agreement should cover all property each partner brings into the marriage. It will also cover what happens to the family home in the divorce.


Any money, stocks, shares, or investments held independently by each party and any cash or savings held jointly should have full disclosure and be accountable in any prenup agreement.


Your prenuptial agreement will do the job of protecting the existing assets of each partner independently. But it also protects you from any liability of debt accrued by your partner after divorce.


The prenup can include a provision to ring-fence certain assets you or your partner want to pass onto children or relatives as an inheritance. A prenuptial agreement can also protect any assets, financial or otherwise, you might gain in the future as a beneficiary.

What happens if we have children?

What a prenup cannot do is prejudice the interests of any children in your family. So it’s usual to factor in a provision for an agreement review if or when you have children. This provision will ensure their needs can be considered and assessed at that time, with possible changes made to any expectations of the adults, such as the inclusion of a child arrangement order.

In a divorce, should the court need to step in on financial arrangements, it will always give thought to the children involved first. If the court considers any agreement between the adults that might adversely affect their children, such as by restricting any lifestyle expectations, it’s likely to believe it unfair to uphold the agreement in the circumstances. It’s not possible to contract out of giving financial support to or for a child.

In 2010 the Supreme Court gave the following guidance: “The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless, in the circumstances prevailing, it would not be fair to hold the parties to their agreement.”

UK Prenuptial agreement solicitors at Osbourne Pinner

Creating a prenuptial agreement can be complex and may require lengthy negotiations. If a prenup is a way forward, starting the process well before your wedding is advisable to ensure the agreement is completed promptly – and our legal team can help you.

As professional divorce solicitors, the team at Osbourne Pinner are experts in advising, drafting, and negotiating prenuptial agreements in the UK. Working on agreements of all sizes, including those for high net worth divorce clients, we can advise you on all your options and get the prenup that suits you.

Contact us now, call 0203 983 5080, or email [email protected] today for more information on prenuptial agreements in the UK.


Edward Moore
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I asked to review my financial settlement. Within a matter of a short time, I got an appointment. My solicitor, was very professional and kind. She even offered me the chance to have a video conference if I was unable to go to the office. I felt comfortable and I was treated with respect. I felt confident in her capabilities. She was warm and put me at ease. The process was made very easy for me. Osbourne Pinner family law team was on top of my brief to them. Should I need a solicitor in the future, I will be very happy to go back. Thanks
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