Prenuptial agreement solicitors

Protect assets before or during your marriage or civil partnership

If you’re about to get married, a prenuptial agreement (or post-nuptial agreement if you’re married already) can provide greater financial certainty should your relationship end in divorce and help to protect assets such as property, businesses and inherited wealth.

Our specialist solicitors have the experience and expertise to help you protect your assets, including any business interests, in the event of divorce. Call 0800 422 0123 or contact us online to arrange your initial confidential consultation.

On this page

• How we can help you
• What’s the purpose of a prenuptial agreement?
• Why choose us?
• Prenuptial agreement FAQs

How our pre-nuptial agreement solicitors can help you

We can advise you on what potential claims there may be once you become married if the worst was to happen and a divorce occurred, and how best to reach an agreement between you that is fair, clear and dignified for both parties.

If you own a business, or have inherited wealth, property or other assets you regard as being ‘outside’ of the marriage, we can also provide expert legal advice on how to best protect those interests in the event of a divorce. We have longstanding experience in drafting prenups for business owners to ensure your company is safeguarded should you part ways in the future.

If you have overseas connections or interests, our international family law solicitors can draft an international prenuptial agreement for you or, if you have an existing prenup, investigate whether it is enforceable in the country where your divorce is taking place.

What is the purpose of a prenuptial agreement?

The purpose of a prenuptial or post-nuptial agreement is:

1. To protect assets acquired before marriage
2. To protect your business or trust assets
3. To protect your assets from your partner’s debts
4. To protect your children’s financial interests
5. To agree how your finances will be managed during your marriage
6. To agree how your finances will be split if your relationship ends
7. To strengthen your marriage by having all the above discussed and agreed in advance

1. To protect pre-marital assets

If you or your spouse has significant assets acquired prior to your current relationship, there’s no guarantee they will be protected from division on divorce. This is because of well-established principles applied by the Family Court based upon sharing and needs. ‘Non-matrimonial’ (or ‘non-marital’) property is not defined with any certainty in case law.

Entering into a pre- or post-nuptial agreement records your agreement on how your pre-marital assets will be divided should you separate or divorce in the future.

2. To protect business assets

Likewise, business or trust assets are not necessarily protected on divorce, but a prenuptial agreement can be used to ‘ring-fence’ them and agree that these will not be shared if you divorce. This can help protect your interest in a business and help avoid a situation where an ex-spouse is awarded an interest in your business and has to participate in how it is run.

3. To protect assets from the other’s debts

If you or your partner have significant debts, either now or in the future, a pre- or post-nuptial agreement can help protect the other’s assets from being used to pay them off.

4. To protect your children’s financial interests

If you’re marrying again, your existing Will will be automatically revoked and your assets might not end up with the people they were intended for, so it’s advisable to make a new Will. This is particularly important where one or both of you are coming to the marriage with assets, or if the intention is to leave assets to anyone other than your new spouse, for example to children from your previous relationship.

A prenup can be used to:

• Specify that you both agree to make Wills to end up with the result you both desire
• Ring-fence certain assets for children from your previous relationships
• Set out what should happen to you and your spouse’s assets on death, to support the provisions made for your children and grandchildren in your Wills

On divorce, your Will isn’t revoked, but any gifts to your ex-spouse or their appointment as the executor will be automatically revoked. A review of your Will is advised to ensure it will still achieve your desired result.

5. To agree how your finances will be managed during your marriage

A prenuptial agreement can be used to agree and record how you intend to support yourselves financially during the marriage. For example, whether you and your spouse wish to pay for household expenses equally or in proportion to your income or assets.

Having discussions about these matters at an early stage can help ensure that you are both on a level footing, with a clear understanding of how your finances will be managed both in your marriage and in the event of separation or divorce.

6. To agree how your finances will be split if your relationship ends

No one enters marriage expecting it to fail, however agreeing in advance how your finances would be divided if it did can help avoid a great deal of uncertainty, time and stress if it does eventually break down.

It also gives you the freedom to agree your own terms, which would not be the case if your divorce financial settlement ended up in contested financial remedy proceedings, where a solution could be imposed on you by the Court.

Litigation is generally costly, protracted, time-consuming and stressful. Whilst the preparation of a pre- or post-nuptial agreement will incur costs, it’s usually much less expensive to negotiate and draft one than to litigate about the division of finances should the relationship break down.

7. To strengthen your marriage by having all the above discussed and agreed in advance

Many couples find it awkward to talk about money and finances within their relationship, let alone when they’re breaking up.

However, a prenup provides clear instructions – drawn up while both parties are in a reasonable frame of mind rather than in the emotional turmoil of a separation – and can give both of you reassurance that you are protected for the future, helping strengthen your relationship in the process.

Why choose us for your prenuptial agreement?

• Our family law team takes a sensitive and pragmatic approach
• We can access the entire firm’s legal expertise across many areas of law
• We specialise in financial arrangements and divorce involving businesses
• We are highly rated for family law in The Legal 500 and Chambers Guide
• We are members of Resolution, and are firmly committed to its principles of a non-confrontational approach to family matters
• We have trained collaborative lawyers and family mediators on the team
• We always work efficiently and cost effectively

Recommendations

‘This is a team with real strength in depth. They are all experts and provide the highest level of expert advice to their clients. One of the go-to firms in the region for sophisticated clients.’ – The Legal 500 2025

‘A firm right at the top of the sector. No lack of resources, good employee retention, a good mix of lawyers with outstanding leadership.’ – The Legal 500 2025

“Clarke Willmott have really good attention to detail and provide information well in advance.” – Chambers 2025

“I have really noticed the depth and skill across the board at Clarke Willmott. All queries are handled promptly and difficult matters are dealt with sensitively and pragmatically.” – Chambers 2025

Speak to an expert prenuptial agreement solicitor

For advice on entering into a prenup or post-nuptial agreement, call 0800 422 0123 or contact us online to book a consultation.