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Pre & Post Marital Agreements

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Pre and post-marital agreements may seem simple, but they hold serious legal weight.

These agreements can shape your financial future, so it's important to get them right. Whether you’re planning ahead before your marriage or sorting things out afterwards, we make sure the agreement is fair, balanced, and legally sound. Without proper legal input, an agreement could be challenged or even dismissed, leaving you at risk financially.

// Family Law: Marital Agreements

Before you say "I do," let’s get the legal stuff sorted

Remember, love and practicality go hand in hand. A well-drafted pre-nuptial agreement lays the foundation for your happily ever after—without any unexpected surprises down the line.

Clarity and peace of mind: A pre or post-marital agreement sets out clear expectations regarding finances and assets, so there are no surprises later. Both partners know exactly where they stand, which reduces the risk of future disputes.

Protects your assets: If you have significant assets, property, or business interests, an agreement ensures they are safeguarded in the event of a split. This is especially important if one partner enters the marriage with more wealth or expects future inheritances.

Reduces conflict in case of separation: In the unfortunate event of a divorce, having an agreement in place can simplify proceedings and prevent long, drawn-out battles. It provides a clear framework for dividing assets, avoiding emotional and financial strain.

Before you get to happily ever after...

Before you ride off, hand in hand, into the sunset, it's worth thinking about a marital agreement. While it’s not the most romantic conversation, it’s one of the smartest decisions you can make.

A clear, legally binding agreement ensures both partners are on the same page when it comes to finances, property, and future plans.

This simple step can protect you from future disputes and give you peace of mind.

// Family Law - Pre / Post Marital Agreements

What Happens if You DIY Your Marital Agreements?

Marital Agreements Not Worth The Paper They're Written On

DIY marital agreements might seem like a quick and cost-effective solution, but they can easily backfire, leaving you financially exposed.

Without legal guidance, these agreements are often poorly drafted, missing key details or written in a way that makes them unenforceable.

In the UK, courts are not obliged to uphold marital agreements, especially if they’ve been done without proper legal advice.

According to The Law Society, DIY agreements are frequently challenged in court, with many being deemed unfair or unclear

Invalid Pre Marital Agreements

If one party feels pressured into signing or if full financial disclosure isn’t made, the pre-marital agreement can be disregarded by the courts.

In fact, a study by Resolution, a leading UK family law organisation, found that 44% of couples who initially create DIY agreements end up in disputes late.

This can lead to lengthy and costly legal battles, which could have been avoided with the right legal support from the outset.

By skipping legal advice, you might think you’re saving money, but the risks are far greater. It’s essential to get things right the first time with a barrister who can draft a secure, legally binding

agreement.

Know Your Rights From the Start of Your Marriage

If the marriage breaks down, having a pre or post-marital agreement in place can make the divorce process far smoother.

In the UK, nearly 42% of marriages end in divorce, and without an agreement, dividing assets can turn into a lengthy, emotionally draining battle.

A well-drafted agreement provides a clear framework for who gets what, helping to avoid bitter disputes and costly legal fees.

It ensures that both parties know their rights from the start, reducing the stress and financial strain that often comes with separation.

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What Happens if You Choose Not to Get a Pre or Post-Marital Agreement

You might think that talking about a pre or post-marital agreement isn’t romantic, or that it feels like setting your marriage up to fail.

But the reality is, choosing not to get one can leave you vulnerable if things don’t work out. In the UK, almost half of all marriages end in divorce, and without an agreement in place, you’ll have no clear protection for your assets.

Without a pre or post-marital agreement, you could face long, expensive legal battles to divide your property, savings, and even pensions.

What seemed unimportant at the start of your marriage can become a major source of conflict during a separation.

While an agreement may feel awkward now, it’s about giving both of you peace of mind, knowing that your future is secure no matter what happens.

Think of it as a sensible safeguard, not a sign of doubt.

Arlene Small

Specialist Family Barrister

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Get in Touch

When it comes to protecting your future, you need someone who understands the importance of getting things right from the start. I specialise in crafting clear, legally sound pre and post-nuptial agreements that work for both parties. My focus isn’t just on the legal side—it’s on making sure you feel confident and secure in the agreement, knowing everything has been handled with care and attention.

Contact

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FAQs About Marital Agreements

What is the difference between a pre-marital and a post-marital agreement?

A pre-marital agreement is set up before you get married, while a post-marital agreement is made after you’ve tied the knot. Both serve the same purpose: to outline how assets, finances, and property will be divided in the event of a separation or divorce.

The key difference is timing—whether it’s done before or after the marriage begins.

Are pre-marital agreements legally binding in the UK?

While pre-marital agreements aren’t automatically legally binding in the UK, they are taken seriously by courts if they are fair and both parties have received legal advice.

The court will consider the agreement, especially if both partners entered into it freely, with full financial disclosure and without any pressure.

This means a well-drafted marital agreement can greatly influence how assets are divided.

Do I need a pre or post-marital agreement if I don’t have many assets?

Even if you don’t have significant assets now, things can change. A marital agreement can protect future earnings, inheritances, or property that may come into play later.

It’s not just about what you have now, but about being prepared for the future.

This can be especially useful if one partner expects to build wealth or if there are potential family inheritances down the line.

Will getting a pre-marital agreement harm my relationship?

Some people worry that discussing a pre-marital agreement feels unromantic or sets the relationship up for failure. In reality, it’s about open communication and protecting both partners.

A well-thought-out agreement can actually reduce future conflicts by providing clarity upfront, helping to avoid stressful disputes if the marriage does end.

It’s about securing peace of mind for both of you.

What should be included in a marital agreement?

A pre or post-nuptial agreement should cover all key financial aspects, including property ownership, savings, pensions, and any future earnings or inheritances.

It can also outline how debts will be handled and what happens to shared assets like homes or businesses.

The agreement should be clear, fair, and tailored to your individual circumstances, ensuring both partners feel protected.

What Happens if You Separate with a Pre/Post-Marital Agreement in Place?

If you separate with a pre or post-marital agreement in place, the process is generally smoother and more straightforward. The agreement sets out how your assets, property, and finances will be divided, providing a clear path forward.

Since the terms were agreed upon when emotions weren’t running high, it helps prevent the heated disputes that often arise during a separation.

The court will consider the agreement, especially if both parties received legal advice at the time and there was full financial disclosure.

Although the court isn’t bound to enforce it in every case, a well-drafted agreement is likely to be respected, reducing uncertainty and giving you a clear framework to follow.

In short, having a marital agreement in place can save you time, money, and stress—allowing both parties to move forward with clarity and dignity. Instead of battling over assets, the focus can shift to the practicalities of moving on, without the emotional and financial strain of drawn-out legal battles.