10 Essential Questions to Discuss with Your Divorce Solicitor Regarding Prenuptial Agreements (2026 Edition)

A prenuptial agreement can play an important role in clarifying financial arrangements, particularly where there are substantial assets, family wealth, or international connections. However, understanding the legal framework and practical limitations of such agreements is essential. While a well-prepared prenup can carry significant weight, its effectiveness depends on how it is drafted, the fairness of its terms, and the circumstances surrounding its creation.

In England and Wales, prenuptial agreements are not automatically binding, but the courts increasingly recognise them when they are fair, entered into voluntarily, and supported by full financial disclosure. Seeking early, informed legal advice helps ensure that the agreement reflects both parties’ intentions and is structured in a way that stands up to judicial scrutiny if required.

The following guide outlines ten key questions to discuss with your solicitor before signing a prenuptial agreement. These conversations can help ensure clarity, fairness, and practical foresight.

Quick Overview: Key Topics to Cover With Your Solicitor

1. “Are Prenuptial Agreements Legally Enforceable in England & Wales?”

This is often the first question clients raise. While prenuptial agreements are not strictly binding, courts in England and Wales may give them substantial weight when they are fair, properly executed, and supported by full disclosure. Your solicitor can explain how judges assess these agreements — considering timing, consent, and the overall balance between the parties — and outline practical steps to enhance their credibility.

2. “What Level of Financial Disclosure Is Required?”

Full and open disclosure is essential to the integrity of any nuptial agreement. Both parties are generally expected to set out their assets, liabilities, income, and foreseeable financial expectations. Your solicitor can help you determine the level of detail required and ensure the information is documented accurately, reducing the risk of later disputes about transparency.

3. “How Will the Prenup Address My Pre-Marital and Non-Matrimonial Assets?”

If you hold assets such as property, investments, or inherited wealth acquired before the marriage, it may be possible to distinguish these from assets accumulated jointly during the marriage. Your solicitor can advise on how to structure such provisions in a way that reflects fairness and complies with legal expectations, while recognising that courts retain discretion to consider individual circumstances.

4. “What Happens to My Business Interests if We Divorce?”

Where one or both partners own or manage a business, the prenup should carefully address how shares, income, and future growth might be treated. A solicitor experienced in both family and commercial issues can coordinate with business advisers to ensure that any provisions are realistic, fair, and sensitive to other stakeholders’ interests.

5. “Do We Need to Consider International Aspects?”

For couples with links to more than one country — such as dual nationality, overseas property, or future relocation plans — it is important to consider whether a prenuptial agreement will be recognised abroad. Your solicitor may recommend consulting with international lawyers or preparing mirror agreements to improve consistency between jurisdictions.

6. “Should the Prenup Include Provisions Relating to Children?”

While English law prioritises the welfare of children above all else, and the court retains discretion over such matters, it is possible to include general principles on financial support or schooling. Your solicitor can help you frame these sections appropriately to reflect good practice while acknowledging that decisions about children ultimately rest with the court.

7. “How Should We Approach Spousal Maintenance and Future Needs?”

Spousal maintenance can be one of the most sensitive topics in any prenuptial discussion. The aim is usually to find a balance between safeguarding assets and providing for reasonable financial support should the marriage end. Your solicitor can advise on how courts view maintenance clauses and how to approach this issue in a way that promotes fairness and long-term stability.

8. “How Often Should the Prenup Be Reviewed or Updated?”

Agreements can become outdated as circumstances evolve. Life events such as the birth of a child, major changes in income, or international relocation may all justify a review. Including a review clause — and following through with it — helps ensure the agreement remains relevant and continues to reflect each party’s intentions.

9. “Do We Both Need Independent Legal Advice?”

Each party should receive their own legal advice from separate solicitors. This is a key factor in demonstrating that the agreement was entered into freely and with full understanding. Your solicitor can explain the process and help ensure the other party has sufficient time to obtain their own independent advice before signing.

10. “Are There Alternatives or Additional Measures to Consider?”

Depending on your circumstances, your solicitor may suggest complementary options such as postnuptial agreements, cohabitation agreements, or trust structures. Discussing these alternatives can help you decide whether a standalone prenup is sufficient or whether additional measures are appropriate for your situation.

Why These Conversations Matter

A prenuptial agreement is most effective when it is transparent, considered, and tailored to the couple’s individual circumstances. Thoughtful discussions with your solicitor can help ensure that the agreement promotes clarity rather than conflict, and that both parties understand their rights and obligations. In complex financial situations, early specialist advice can make the difference between an agreement that provides certainty and one that leaves matters open to challenge.

FAQs

Are prenuptial agreements common in the UK?

Yes. They are increasingly used by couples wishing to define their financial arrangements clearly, particularly where significant assets or family wealth are involved.

How far in advance should a prenup be signed?

It is generally advisable to finalise the agreement at least 28 days before the wedding to ensure both parties have sufficient time for reflection and legal advice.

Can we change our prenup after we marry?

Yes. The agreement can be updated or replaced with a postnuptial agreement if circumstances change.

What happens if our financial situation changes significantly?

Your solicitor may recommend reviewing the agreement following major life events, such as children, inheritance, or substantial business developments.

Will a court always follow the terms of a prenup?

Courts give considerable weight to prenups that are fair, transparent, and freely entered into — but they retain discretion to depart from them if circumstances require.