---
title: "Prenuptial agreements explained"
url: https://www.cplaw.co.uk/insights/prenuptial-agreements-explained/
date: 2021-10-04
modified: 2022-11-20
lang: en
author: "Lee Pashen"
description: "A prenuptial agreement, also referred to as a prenup, is a document signed by a couple before they marry, setting out what will happen to their assets in the event..."
categories:
  - "Family Law"
image: https://www.cplaw.co.uk/wp-content/uploads/2022/11/Prenuptial-agreements-explained-1024x683.jpg
word_count: 474
---

# Prenuptial agreements explained

**A prenuptial agreement, also referred to as a prenup, is a document signed by a couple before they marry, setting out what will happen to their assets in the event that they divorce.**

It can be beneficial to a relationship to enter into a new phase on an open and honest basis, disclosing all assets and liabilities and agreeing on a settlement that will ensure both parties are looked after in the future. A prenuptial agreement can also prevent misunderstandings and disagreements from arising and provide reassurance in respect of financial issues.

### Who should make a prenuptial agreement?

While a prenuptial agreement can be of wide benefit to everyone, it is particularly important where there is an imbalance in the relationship, such as in the following circumstances:

- One party is coming into the marriage with more in the way of assets than the other;

- One party is a business owner;

- One party has children from a previous relationship;

- There is a chance that one of the parties may inherit a sizeable sum in the future.

A prenuptial agreement can also be used where the parties simply want the security of knowing how their finances will be separated if they divorce.

### What should be included in a prenuptial agreement?

A prenuptial agreement will be tailored to suit the exact situation and requirement of the parties involved. Issues such as the following will usually be included:

- How money will be divided, to include bank accounts, savings, investments and pensions;

- What will happen to the matrimonial home;

- What will happen to any other property the couple owns;

- How will an inheritance be dealt with if one is received during the marriage;

- What will happen to debts, to include debts incurred by one party only;

- How children will be provided for, to include children from previous relationships. It should be noted that child arrangements and maintenance cannot be put into a prenuptial agreement.

### Is a prenuptial agreement legally binding?

Prenuptial agreements are not legally binding, but where the court is satisfied on a number of points, it is likely to follow the terms of an agreement when making an order. These points include the following:

- The agreement is fair and provides for both parties’ financial needs;

- The document was drawn up by a solicitor;

- Both parties took independent legal advice before signing;

- Both parties fully disclosed all of their assets to each other before the agreement was signed;

- The agreement was entered into freely and without undue influence;

- The parties both understood the implications of signing;

- The agreement was signed at least 28 days before the marriage.

If you are already married, then you can enter into a similar agreement, known as a postnuptial agreement.

If you would like to speak to one of our expert family lawyers, ring us on **0345 2413100** or email us at [mail@cplaw.co.uk](mailto:mail@cplaw.co.uk)