Pre-nuptial & post-nuptial agreement solicitors
Explore how we can help you and your family with all your legal requirements.
Contact our teamHome / Services / Personal / Family and divorce /
Our pre-nuptial and post-nuptial agreement solicitors provide expert legal advice and guidance to clients seeking to protect their assets and finances in the event of a divorce or separation.
Our experienced pre-nuptial and post-nuptial agreement solicitors are here to guide you through the process, ensuring that your interests are protected. We have extensive experience in protecting wealth and drafting nuptial agreements in anticipation of the marriage, and we’ll use our expertise to produce an agreement that is fair and robustly effective.
We are here to help
Whatever your situation, our specialist family law team at Moore Barlow is here to help. We provide clear, practical advice on pre-nuptial, post-nuptial, and pre-registration agreements, helping you protect your assets and plan for the future with confidence. With extensive experience in drafting fair and robust agreements, we will guide you through the process and ensure your interests are properly protected.
Protecting your wealth
At Moore Barlow, we help you protect your wealth with clarity and confidence. This brochure outlines the legal options available to safeguard your assets at key life stages and explains how thoughtful planning can give you peace of mind.
Legal guidance for families and individuals
Pre-nuptial agreements
What is a prenup?
A pre-nuptial agreement, often called a prenup, is a legal contract entered into before marriage or civil partnership. It sets out how assets, income, property, and other financial matters would be dealt with if the relationship later ends through divorce or dissolution.
A pre-nup can provide clarity and certainty for both parties, helping to manage expectations from the outset and reduce the risk of disputes in the future. While not automatically legally binding in England and Wales, properly prepared pre-nups are increasingly given significant weight by the courts, particularly where they are fair and both parties have received independent legal advice.
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking and offer specialist pre-nuptial legal services to clients nationwide. Contact Moore Barlow to find out how we can help you and your family.
Who benefits from a pre-nuptial agreement?
Pre-nuptial agreements aren’t just for the wealthy. They offer:
- Protection of separate property (e.g. inherited or pre-marital assets)
- Security in second marriages to preserve assets for children
- Debt management to avoid liability for a partner’s debts
- Clarity on financial expectations during and after the relationship
- More control over how wealth is divided should you separate
Legal status in England and Wales
Pre-nuptial agreements are not automatically binding, but courts increasingly uphold them if:
- Terms are fair and reasonable
- Both parties entered into them voluntarily
- Full financial disclosure was provided
- Independent legal advice was taken
- The agreement was signed well before the wedding (ideally 28+ days)
Pre-nuptial agreements – further guidance & support
Do you still go to court if you divorce with a pre-nuptial agreement?
While a pre-nuptial agreement doesn’t automatically prevent court proceedings, it is a key factor the court considers. In many cases, it significantly influences the outcome.
Can a pre-nuptial agreement be modified after marriage?
Yes. Many include a review clause triggered by events like childbirth, illness, or time (e.g. every five years). Keeping the agreement updated increases its relevance and the weight attached to it by the court over the duration of the marriage.
The future of pre-nuptial agreements
The Law Commission has proposed enforceable ‘qualifying nuptial agreements.’ While we await reform, courts already give substantial weight to well-drafted pre-nuptial agreements.
Wills and pre-nuptial agreements
Pre-nuptial agreements often specify that both parties commit to making Wills that reflect the spirit of the agreement, adding an extra layer of protection for long-term estate planning and wealth protection. A Will used in conjunction with a pre-nuptial agreement can therefore reinforce family governance, protect generational assets, and support the continuity of family or rural businesses and estates.
Our team of family law solicitors
Legal guidance for families and individuals
Post-nuptial agreements
What is a post-nuptial agreement?
Post-nuptial agreements are entered into after a marriage and typically contain similar information to a pre-nuptial agreement. The purpose of both types of document is to achieve financial certainty for you, and protect your personal wealth, should the marriage fail.
Pre-nuptial and post-nuptial agreements are not currently legally binding, but they can influence the courts’ decision about how your assets should be distributed. The agreement is much more likely to be recognised if it has been drawn up by a solicitor and can withstand a legal challenge in a divorce court.
Already married?
You can enter into a post-nuptial agreement to manage financial arrangements during the marriage and in case of separation.
Post-nuptial agreements are often used to:
- Reinforce a pre-nuptial agreement
- Reflect changes in financial or family circumstances
- Provide clarity and protection for both parties
The same legal principles apply to the drafting as with a pre-nuptial agreement.
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking as well as offering specialist post-nuptial agreement services to clients nationwide. Contact Moore Barlow to find out how we can help you and your family.
Protecting land, estates and significant assets
Our expert lawyers are particularly experienced in safeguarding and protecting significant rural assets like farms, land and agricultural estates. This includes tailored guidance on pre-nuptial and post-nuptial agreements.
How Moore Barlow can help you
Pre and post-nuptial agreements offer a proactive and practical way to manage financial matters and protect individual interests, helping both parties understand their position from the outset. While they are not automatically legally binding, they are increasingly influential in court when they are fairly drafted and properly prepared. Our experienced team will guide you through each stage of the process, ensuring your wishes are clearly reflected and that your assets and long-term interests are robustly protected.
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking, and provide specialist pre-nuptial and post-nuptial legal advice to clients across England and Wales. Contact Moore Barlow to discuss how we can support you and your family.
Contact our family team
Frequently asked questions
Are pre-nups effective?
Yes, pre-nups can be effective in protecting the individual assets and rights of each spouse in the event of divorce or separation.
Is a pre-nuptial agreement legally binding?
Prenuptial agreements are not automatically legally binding but will be persuasive and given weight by the court as long as they meet certain requirements. It must be in writing, signed voluntarily by both parties, and include full disclosure of assets and liabilities. Additionally, both parties should have the opportunity to seek independent legal advice before signing the agreement.
What is the difference between a pre-nuptial and post-nuptial agreement?
A pre-nuptial agreement is a contract that a couple signs before getting married, outlining how assets will be divided in case of divorce. A post-nuptial agreement is a similar contract, but it is signed after the couple is already married.
What is the purpose of a post-nuptial agreement?
A post-nuptial agreement is a legal document that outlines how a couple’s assets and debts will be divided in the event of separation or divorce. It helps both parties establish financial and property rights, as well as protect their individual interests in a marriage.
Is a post-nuptial agreement legally binding?
Post-nuptial agreements are not automatically legally binding but will be persuasive and given weight by the court as long as they meet certain requirements, such as being in writing, signed by both parties voluntarily and with full disclosure of assets and liabilities, and not violating any public policy or laws.
What are the benefits of a pre-nuptial agreement?
If you enter into a pre-nuptial agreement (sometimes called ‘prenups’), then you get to decide, rather than the courts, what happens to your assets if your marriage ends in divorce. Pre-nuptial agreements can be particularly important where there is an imbalance of wealth, where one of you wants to safeguard inherited or other family wealth, and if you have assets you want to pass on to children from a previous marriage.
Some of the reasons people choose a pre-nuptial agreement can include:
- When there are properties or other assets one partner owned prior to the marriage
- To preserve assets for children from a previous relationship
- To protect inherited assets
- Where one partner owns a business
- To protect a partner from becoming liable for the existing debt of the other partner
Why choose our post & pre-nuptial agreement solicitors?
Choosing our post and pre-nuptial agreement solicitors ensures that you receive expert legal advice and guidance throughout the process. Our team has extensive experience in drafting and negotiating agreements that protect your assets and interests in the event of a divorce or separation. We understand the sensitive nature of these agreements and strive to provide a compassionate and supportive approach to our clients. Trust us to provide you with the best possible outcome for your unique situation.
How can our post & pre-nuptial agreement solicitors help?
At Moore Barlow, our expert post and pre-nuptial agreement solicitors can provide you with comprehensive legal advice and guidance to help you protect your assets and finances in the event of a divorce. We understand that every situation is unique, and we will work with you to create a tailored agreement that meets your specific needs and goals. Our team is dedicated to ensuring that you have the peace of mind and security you need to move forward with confidence.
Our team accreditations
