Nuptial Agreements

A nuptial agreement sets out what happens to your money and property if your marriage or civil partnership were ever to end. Putting one in place doesn’t mean expecting the worst. It means having an honest conversation about your finances before you commit to each other.

This matters most if you’re bringing significant assets into the relationship, running a business, or have children from a previous relationship you want to protect. If a marriage does end in divorce, the court has wide discretion over how finances are divided, but a properly drafted nuptial agreement is one of the factors it will take into account when deciding what’s fair.

For an agreement to carry real weight, both of you need to make full and honest disclosure of your finances, and think through not just your life together now but any children you already have and any you may go on to have. Both of you should take independent legal advice before signing, and we’d recommend signing at least 21 days before the wedding, ideally closer to three months.

It’s still possible to put an agreement in place after you’re married, known as a postnuptial agreement. If you’re not planning to marry, a cohabitation agreement can achieve something similar. We draft agreements tailored to clients marrying for the first time and to those marrying again, taking the time to understand what matters to you both.

A nuptial agreement works best as an honest conversation, not an afterthought.