The criteria for a valid nuptial agreement: independent legal advice ==================================================================== Independent Legal Advice and Nuptial Agreements ----------------------------------------------- When entering into a [**prenuptial or postnuptial agreement**](https://vardags.com/law-guide/nuptial-agreements), **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](https://www.bailii.org/ew/cases/EWCA/Civ/2018/1050.html), 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.** [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) Related Guides -------------- [Can I divorce in England with a foreign prenup?](https://vardags.com/law-guide/claiming-jurisdiction/prenup-abroad "Can I divorce in England with a foreign prenup?") 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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.