Important Questions to Ask Before Signing a Prenuptial Agreement

A prenuptial agreement is one of the most practical and protective steps a couple can take before marriage - yet it remains one of the most emotionally charged. The conversation itself can feel transactional, even threatening, in the context of a relationship built on trust and optimism. But approaching a prenup with the right questions, the right mindset, and the right legal advice transforms it from a source of tension into a foundation for financial clarity and mutual understanding.

In England and Wales, prenuptial agreements are not automatically legally binding, but following the Supreme Court’s landmark decision in Radmacher v Granatino (2010), they carry significant weight provided certain conditions are met. That "provided" is crucial - because the questions you ask before signing will determine whether your agreement is robust enough to influence the court or vulnerable to challenge.

Is This Agreement Fair to Both of Us?

Fairness is the single most important criterion the court will consider when deciding how much weight to give a prenuptial agreement. An agreement that leaves one party in a position of real need while the other retains substantial wealth is unlikely to be upheld. Before signing, both parties should be confident that the agreement provides adequately for each person’s reasonable needs in the event of a divorce - particularly if one spouse will be giving up a career to raise children or relocating internationally for the marriage.

This doesn’t mean the agreement must divide everything equally. It means the outcome must be one that neither party could reasonably describe as unconscionable. Asking whether the agreement feels fair - not just to you, but to your partner - is a conversation that strengthens both the agreement and the relationship.

Have We Both Received Independent Legal Advice?

This is not negotiable. For a prenuptial agreement to carry weight with the court, both parties must have received independent legal advice from separate solicitors. That advice should cover the legal implications of the agreement, the rights each party is giving up, and whether the terms are fair in the context of both parties’ circumstances.

The requirement for independent advice exists to protect against the very power imbalances that prenups can sometimes create. If one party has drafted the agreement with the assistance of their solicitor and the other simply signs it without understanding its implications, the agreement is vulnerable to challenge. Both parties need to understand what they’re agreeing to and why.

Knowing the right questions to ask a divorce solicitor about prenup arrangements is an essential part of this process. Your solicitor should walk you through every clause, explain its practical effect, and advise you on whether the terms are ones you should accept.

Has There Been Full Financial Disclosure?

A prenuptial agreement is only as strong as the financial disclosure that underpins it. Both parties must provide a complete and honest picture of their assets, liabilities, income, and financial expectations before the agreement is finalised. If either party conceals assets or misrepresents their financial position, the agreement can be set aside on the grounds that it was entered into on the basis of incomplete information.

Full disclosure serves a dual purpose. It protects the integrity of the agreement, and it ensures that both parties are making informed decisions about what they’re agreeing to. You cannot meaningfully consent to giving up a share of wealth you didn’t know existed.

Does It Account for Future Changes?

One of the most common weaknesses in prenuptial agreements is a failure to anticipate how circumstances might change over the course of the marriage. What happens if one of you gives up work to raise children? What if a business that’s currently modest becomes enormously successful? What if one party receives a significant inheritance? What if you relocate to another country?

A well-drafted prenup includes provisions that adjust to these possibilities - review clauses, sunset provisions, or specific terms that address children, career sacrifice, and changes in financial circumstances. An agreement that’s fair on the day it’s signed but becomes manifestly unfair ten years later is exactly the kind of agreement the court is likely to depart from.

Is the Timing Right?

The court will scrutinise the circumstances in which the agreement was signed, including how close to the wedding it was finalised. An agreement signed under time pressure - days before the ceremony, when invitations have been sent and deposits paid - carries less weight than one negotiated months in advance with ample time for reflection and legal advice.

Best practice is to begin the prenup conversation and legal process at least three to six months before the wedding. This provides sufficient time for both parties to take advice, negotiate terms, provide financial disclosure, and sign the agreement without any suggestion of duress or undue pressure.

What Happens If We Don’t Follow These Safeguards?

A prenuptial agreement that fails to meet the Radmacher safeguards - independent legal advice, full disclosure, fairness, absence of duress, and reasonable proximity to the wedding - doesn’t automatically become worthless. The court may still consider it as one factor among many. But its weight diminishes significantly with each safeguard that’s absent, and an agreement that’s missing several may carry little weight at all.

The practical implication is clear: if you’re going to the effort and expense of creating a prenuptial agreement, it’s worth doing it properly. Cutting corners on disclosure, legal advice, or timing undermines the very purpose of the agreement.

Having the Conversation

Perhaps the most important question isn’t legal at all - it’s relational. How do you raise the subject with your partner in a way that’s honest and respectful rather than adversarial? The answer is to frame it as what it is: a practical, protective measure that benefits both of you. A prenup isn’t a statement of distrust; it’s an acknowledgement that life is unpredictable and that having a clear framework for financial separation, should it ever become necessary, is an act of mutual care.

For specialist guidance on prenuptial agreements tailored to your circumstances, consulting a renowned London family law office with deep expertise in nuptial agreements ensures that your agreement is drafted to the highest standard and provides the protection you both deserve.