Written by Mikaeli Thomas.
At First Line Family Law, our family law solicitors in Cardiff understand that planning a marriage is an exciting time filled with hope for the future. Discussing a prenuptial agreement may not feel romantic, but it can be one of the most practical and respectful steps a couple can take to protect their financial security and future relationship.
Prenuptial agreements (“prenups”) are no longer reserved for the wealthy or famous. Increasingly, couples from all backgrounds are using them to ensure clarity, fairness, and peace of mind.
What Is a Prenuptial Agreement?
A prenuptial agreement is a formal, written contract entered into by a couple, oversaw by two witnesses, before they get married or form a civil partnership. It sets out how their assets and finances will be divided if the relationship were to break down.
Rather than being a sign of mistrust, a prenup can be a demonstration of openness and mutual respect.
Are Prenups Legally Binding?
In England and Wales, prenuptial agreements are not automatically binding. However, since the landmark Supreme Court case of Radmacher v Granatino [2010] UKSC 42, courts will generally uphold a prenuptial agreement provided certain conditions are met, including:
- Both parties freely entered into the agreement without pressure or coercion;
- Both parties had full awareness of the financial implications, including disclosure of assets;
- Each party received independent legal advice; and
- The agreement is fair and meets the needs of any children.
Whilst the court retains the ultimate discretion, a properly prepared prenuptial agreement is likely to be given significant weight.
Why Consider a Prenup?
A prenuptial agreement may be appropriate in a range of circumstances, including:
- Protecting pre-marital assets, such as property, savings, or investments;
- Preserving family wealth or anticipated inheritances;
- Protecting a business or future business interests;
- Clarifying financial responsibilities during the marriage;
- Safeguarding assets for children from previous relationships.
Entering into a prenuptial agreement can save significant time, costs, and emotional stress if the relationship unfortunately ends.
When Should You Arrange a Prenup?
Timing is critical. To reduce the risk of the agreement being challenged later, it should be signed well in advance of the wedding, ideally at least 28 days before.
Early discussions also help ensure that both parties have sufficient time to reflect, seek advice, and negotiate terms freely.
How We Can Help at First Line Family Law?
Our experienced family law team can guide you through the process of creating a bespoke, fair, and legally robust prenuptial agreement.
We offer:
- Clear advice tailored to your circumstances;
- Expert drafting and negotiation support;
- A sensitive, discreet, and client-focused service.
If you are considering a prenuptial agreement, or simply wish to understand your options, please do not hesitate to contact us. We are here to support you every step of the way.
Our family law solicitors in Cardiff will be able to assist. Call us on 029 2066 0163.
We also have family law solicitors in Bristol able to help. Call our Bristol office on 0117 920 0109.
