Prenuptial Agreement Barristers
Expert legal advice on prenuptial and postnuptial agreements. Protect your assets before marriage.
Specialist Family Barristers Regulated by the BSB
A prenuptial agreement sets out how assets will be divided if a marriage ends. While not automatically binding in England and Wales, courts give significant weight to properly drafted prenuptial agreements, especially following the landmark Radmacher v Granatino case.
A specialist family Barrister can advise on the enforceability of prenuptial agreements, draft or review agreements, and represent you if a prenup is challenged during divorce proceedings.
What Prenuptial Agreement Barristers Do
Advisory Work
Your Barrister can:
- •Review proposed agreements
- •Advise on enforceability
- •Identify potential weaknesses
- •Recommend protective clauses
- •Advise on disclosure requirements
- •Assess fairness
Drafting
Expert drafting of:
- •Prenuptial agreements
- •Postnuptial agreements
- •Cohabitation agreements
- •Separation agreements
- •Variation agreements
- •Side letters
Court Representation
If challenged:
- •Defend validity of prenup
- •Challenge unfair agreements
- •Financial remedy hearings
- •Variation applications
- •Appeal proceedings
- •Interim applications
Most prenuptial work is advisory and does not require court attendance.
What You Handle
With Direct Access:
- •Financial disclosure
- •Gathering asset information
- •Coordinating with partner
- •Obtaining independent advice
- •Signing formalities
- •Storage of agreement
How Direct Access Works
- 1
INITIAL ADVICE
Barrister reviews your financial position and advises on what a prenup can protect.
- 2
DISCLOSURE
Both parties provide full financial disclosure. Essential for enforceability.
- 3
DRAFTING
Barrister drafts the agreement. Ensures it meets Radmacher criteria.
- 4
REVIEW
Your partner obtains independent legal advice. Agreement is reviewed and negotiated.
- 5
EXECUTION
Both parties sign at least 28 days before the wedding. Properly witnessed and stored.
Frequently Asked Questions
Are prenuptial agreements legally binding in England?
Not automatically, but courts give them significant weight if they meet the Radmacher criteria: full disclosure, independent legal advice, no undue pressure, and the agreement is fair. A properly drafted prenup is very likely to be upheld.
When should I get a prenup?
Ideally at least 28 days before the wedding. This gives both parties time to take independent legal advice and ensures there is no suggestion of pressure. Starting 3-6 months before is recommended.
How much does a prenuptial agreement cost?
Barrister fees for drafting a prenup typically range from £1,500 to £5,000 depending on complexity. This is significantly less than the cost of contested financial proceedings if you divorce without one.
Can a prenup protect inherited wealth?
Yes. Prenups are particularly effective at ring-fencing inherited wealth, family trusts, and pre-marital assets. Your Barrister will draft specific clauses to protect these assets.
What makes a prenup enforceable?
Key factors: full financial disclosure by both parties, both parties received independent legal advice, signed at least 28 days before the wedding, no undue pressure, and the terms are fair at the time of divorce.
Can I get a postnuptial agreement?
Yes. Postnuptial agreements are made after marriage and carry similar weight to prenups. They can be useful if circumstances change, such as receiving an inheritance or starting a business.
Protect Your Assets Before Marriage
Expert prenuptial agreement advice from specialist family Barristers.
Or call us: 0800 302 9921 Mon-Fri 9am-6pm