Drafting a nuptial agreement in the UK

A nuptial agreement, whether that is a prenup or postnup, must meet specific criteria for it to be upheld in the family court. Poorly drafted agreements risk being deemed unfair or unenforceable, which is why expert legal guidance is essential.

It is advisable to instruct a specialist family law solicitor to draft a nuptial agreement. Attempting to draft one yourself is risky. Nuptial agreements can be complex, and drafting one without specialist legal knowledge will increase the likelihood of it not being upheld by the family court.  

If you or your partner are interested in entering into a nuptial agreement, or you have concerns about the drafting of an existing agreement, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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What should a nuptial agreement include?

To maximise enforceability, a nuptial agreement should:

• Provide a full disclosure of each party’s assets
• Clearly define key terms such as “matrimonial property”, “separate property”, and “marital assets”
• Outline how assets will be divided upon divorce
• Address issues like spousal maintenance and childcare responsibilities
• Be signed and witnessed by both parties

Meeting the Legal Criteria for Enforceability

To be upheld in court, a nuptial agreement must meet the criteria established in Radmacher v Granatino, including:

• Voluntary agreement by both parties
• Full understanding of the agreement’s implications
• No duress, undue influence, or misrepresentation
• Fairness at the time of enforcement

The Vardags Advantage

Our landmark victory in Radmacher v Granatino set the standard for nuptial agreements in the UK. With Vardags, you benefit from:

• Decades of experience in high-net-worth family law
• Tailored legal advice from top-tier solicitors
• A proven track record in complex financial settlements