The criteria for a valid nuptial agreement: independent legal advice

Independent Legal Advice and Nuptial Agreements

When entering into a prenuptial or postnuptial agreement, it is strongly recommended that both parties receive independent legal advice. This ensures that each person fully understands the legal implications of the agreement and enters into it freely and knowingly.

Why Is Independent Legal Advice Important?

• It helps demonstrate that the agreement was entered into voluntarily.
• It reduces the risk of one party later claiming they didn’t understand the terms.
• It strengthens the agreement’s enforceability in court.

Key case law

However, with that said, the court may still give effect to a nuptial agreement, even if a party did not receive independent legal advice. For example, in Versteegh v Versteegh [2018] EWCA Civ 1050, the court held that the wife’s failure to get independent legal advice was irrelevant, as she knew and understood the impact of the nuptial agreement. Despite this though, the court reaffirmed that in some cases, the absence of independent legal advice will be critical.  

Before signing a prenuptial or postnuptial agreement, receiving independent legal advice is an important step to ensure you understand its implications. If you are considering entering into a nuptial agreement, contact Vardags today for a free initial consultation with one of our expert solicitors.  

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