Prenuptial and Postnuptial Agreements

Prenuptial Agreement and Postnuptial Agreement Solicitors based in Dorset, Hampshire and Wiltshire

A prenuptial agreement is not the first thing most couples think about when planning a wedding, but it is one of the most practical steps you can take. A prenup is not about expecting the worst; it is about being clear-headed before you commit. By setting out agreed terms from the start, you and your partner can focus on building your future together with certainty. Our prenuptial agreement solicitors advise clients across Southampton, Salisbury, Bournemouth, Winchester, Poole, and London.

Speak to our prenuptial agreement solicitors on 0800 2800 421 or via our online enquiry form.

 

What is a prenuptial agreement?

A prenuptial agreement is a legal contract made between two people before they marry or enter a civil partnership, setting out how assets will be divided if the relationship ends. While not automatically legally binding in England and Wales, a well-drafted prenup carries significant weight in court and can substantially influence the outcome of financial proceedings on divorce.

What is a postnuptial agreement?

A postnuptial agreement is a legal contract made by a couple after they have already married or formed a civil partnership. It serves the same purpose as a prenuptial agreement, recording how assets will be divided if the relationship ends, and is treated similarly by the courts.

 

What our prenuptial agreement solicitors can help with

Drafting a prenuptial agreement

We draft clear, thorough prenuptial agreements that stand the best chance of being upheld by a court. That means ensuring both parties have made full financial disclosure, that the agreement is signed in good time before the wedding, and that the terms are fair and well-reasoned.

Postnuptial agreements

If you are already married or in a civil partnership and want to formalise arrangements around your assets, a postnuptial agreement achieves the same outcome. We advise clients on postnuptial agreements across Southampton, Salisbury, Bournemouth, Winchester, Poole, and London.

Independent legal advice

For a prenup or postnuptial agreement to carry weight, both parties must take independent legal advice. We regularly act for one party where their partner is represented elsewhere, ensuring the advice given is genuinely independent.

Reviewing an existing agreement

Circumstances change. If you have an existing prenuptial or postnuptial agreement that no longer reflects your situation, perhaps following the birth of children or a significant change in finances, we can review and update it.

 

How the prenup and postnup process works

  1. Initial consultation

We start by understanding your circumstances, what assets you want to protect, and what you want the agreement to achieve, which will shape what follows next.

  1. Financial disclosure

Both parties must set out their financial positions in full. We help you gather and present this information correctly as full disclosure is essential for the agreement to carry weight.

  1. Drafting the agreement

We draft the prenuptial agreement based on your instructions, in clear terms that reflect your intentions and are designed to withstand scrutiny.

  1. Independent legal advice

Your partner will need their own solicitor to review the agreement and advise them independently. We can recommend someone if needed.

  1. Signing

The agreement must be signed at least 28 days before the wedding or civil partnership ceremony. We manage the timeline to make sure this happens without last-minute pressure.

 

Why choose Trethowans for prenuptial and postnuptial agreements

Our family law team knows what makes a prenuptial agreement stand up in court, and we make sure yours does.

Recognised expertise

Our family law team have been recognised by several independent organisations. We are acknowledged in both the Legal 500 and Chambers and Partners. Our lawyers are also listed by ThreeBestRated and Wiselaw.

Our commitment to Resolution

As members of Resolution, a national community of over 6,500 family law professionals, we follow a strict code of practice ensuring all matters are dealt with in a dignified and constructive way. Grant Cameron, Partner, previously served as National Chair of Resolution.

Supporting our clients beyond the law

Our team are Dragonfly Champions with specialist domestic abuse awareness training, and are affiliated with Family Separation Support Hub.

 

Speak to our prenuptial agreement solicitors today

We offer a free, no-obligation initial consultation to help you understand your legal options. Our expert prenuptial agreement solicitors will listen to your concerns, answer your questions and help you consider the best way forward, with no pressure to proceed.

Meet us in person

We have offices across the south of England and a base in London, making it straightforward to meet a family law solicitor face to face. You can find us in Bournemouth, Poole, Salisbury, Southampton and Winchester, with London appointments available on request.

Get in touch

Call us today on 0800 2800 421 or make an enquiry online to arrange your free initial consultation.

 

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Frequently asked questions about prenuptial agreements and postnuptial agreements

  • Prenuptial agreements are not automatically legally binding in England and Wales, but they carry significant weight in court if prepared correctly. For a prenup to be upheld, the following conditions must be met:

    • Both parties must make full financial disclosure
    • Each party must receive independent legal advice
    • The agreement must be signed at least 28 days before the wedding or civil partnership
    • The terms must be fair and make suitable provision for any children
    • Both parties must sign willingly and without pressure

    An agreement that meets these conditions is far more likely to be upheld by a court.

  • A prenuptial agreement is worth considering for anyone who wants clarity over their finances before marriage. It is particularly relevant if you own property, have business interests, have children from a previous relationship, expect an inheritance, or are entering a second marriage.

  • A prenuptial agreement can cover property owned before the marriage, savings, investments, business interests, and inherited or gifted assets. It can also set out how future assets and debts will be handled. It cannot override the court’s duty to make fair provision for any children. Some couples may choose to establish a similar agreement after their marriage/civil partnership, known as a postnuptial agreement, which serves the same purpose.

  • A prenuptial agreement must be signed at least 28 days before the wedding or civil partnership ceremony. Signing too close to the date can call the agreement’s validity into question, as it may suggest one party was under pressure to sign.

  • A prenuptial agreement is made before marriage; a postnuptial agreement is made after. Both record how assets will be divided if the relationship ends, and courts treat them similarly. The main practical difference is timing: a postnuptial agreement can be arranged at any point during the marriage.

  • Yes. A prenuptial agreement should be reviewed regularly, and especially if your circumstances change significantly, for example, following the birth of children or a substantial change in either party’s finances. An agreement that no longer reflects your situation may carry less weight in court.

  • Without a prenuptial agreement, the court has full discretion to divide assets as it sees fit under the Matrimonial Causes Act 1973. This typically means starting from a position of equal division, with adjustments based on each party’s needs, contributions, and earning capacity.

  • The cost depends on the complexity of your finances and how straightforward negotiations between both parties are. We will give you a clear indication of costs at your free initial consultation. In most cases, the cost of a well-drafted prenup is a fraction of what contested financial proceedings on divorce would involve.

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