Nuptial agreements ================== A nuptial agreement is an agreement between two parties setting out what should happen to their financial affairs if they divorce. This generally includes the division of the parties' assets, as well as any provision for spousal or child maintenance. The agreement may be made prior to the marriage (pre-nuptial or ante-nuptial) or afterwards (post-nuptial or post-marital). Nuptial agreements are not absolutely binding but following Ayesha Vardag's landmark victory in *Radmacher v* *Granatino*, the court will give effect to a nuptial agreement provided it was "freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement." In assessing this, the court will consider various factors such as the needs and personal circumstances of the parties, whether they received independent legal advice, and any pressure subjected to either party. To maximise the chances of a nuptial agreement being upheld, it is important that a solicitor drafts it. Nuptial agreements can be complex, and key terms should be clearly defined. Attempting to draft one without being legally qualified is therefore risky. In some circumstances, parties may wish to review or change their nuptial agreement, for example, following the birth of children. When changing or updating a nuptial agreement, the same care should be taken as when a new agreement is drafted. Informal or verbal agreements to depart from a nuptial agreement will be more difficult to rely upon in court. **If you are considering entering into a nuptial agreement, or need advice about an existing agreement, contact Vardags today for a free consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) ### What are prenuptial agreements? --- What is a prenuptial agreement? A nuptial agreement is a legal agreement between two parties outlining what should happen to their finances should they divorce. A prenuptial agreement is one made by a couple prior to their marriage, whereas a post-nuptial agreement is one... [Find out more](https://vardags.com/law-guide/nuptial-agreements/prenuptial-agreements "What are prenuptial agreements?") ### 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... [Find out more](https://vardags.com/law-guide/nuptial-agreements/drafting-a-nuptial-agreement "Drafting a nuptial agreement in the UK") ### Enforcing a nuptial agreement --- Are nuptial agreements enforceable in the UK? A common question for couples considering a prenup or postnup is whether these agreements are legally enforceable in the UK. While nuptial agreements are not automatically binding, they can carry decisive... [Find out more](https://vardags.com/law-guide/nuptial-agreements/enforcing-a-nuptial-agreement "Enforcing a nuptial agreement") ### The criteria for a valid nuptial agreement --- Radmacher v Granatino remains the leading authority on nuptial agreements in England and Wales. This landmark Supreme Court decision established the key principles that guide courts when determining whether a nuptial agreement - commonly referred to as a prenup or... [Find out more](https://vardags.com/law-guide/nuptial-agreements/criteria-for-a-valid-nuptial-agreement "The criteria for a valid nuptial agreement") ### Is your nuptial agreement invalid? The vitiating factors which undermine a contract --- Reasons why your prenup might be invalid Prenuptial and postnuptial agreements are not automatically binding in England and Wales. The family court will only give effect to a nuptial agreement if it meets certain legal criteria and is fair in the circumstances.... [Find out more](https://vardags.com/law-guide/nuptial-agreements/vitiating-factors "Is your nuptial agreement invalid? The vitiating factors which undermine a contract") ### Reviewing or changing a nuptial agreement --- Can i change or renegotiate my prenup? Yes. You can amend your prenuptial agreement after marriage, and in many cases, it is advisable to do so - especially if your circumstances have significantly changed. If you're considering reviewing or changing... [Find out more](https://vardags.com/law-guide/nuptial-agreements/reviewing-or-changing-a-nuptial-agreement "Reviewing or changing a nuptial agreement") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.