Prenuptial Agreement Template

A prenuptial agreement (prenup) is a legally recognised contract signed before marriage that sets out how assets, property, and finances will be divided if the marriage ends. Following the landmark Radmacher v Granatino (2010) Supreme Court ruling, UK courts give prenups "decisive weight" when properly prepared.

Key Features:

• Asset ring-fencing — Protect pre-marital property, savings, investments, and business interests from being divided
• Inheritance protection — Ensure family wealth and expected inheritances remain separate property
• Business interests — Shield company shares, partnership stakes, and business assets from matrimonial claims
• Debt allocation — Clarify responsibility for pre-existing debts so partners aren't liable for each other's obligations
• Financial disclosure — Full transparency about assets and liabilities is one of the recognised Radmacher conditions
• Spousal maintenance — Agree arrangements for financial support if the marriage ends

How Courts Assess Prenups:

Courts consider whether both parties: entered freely without duress, had independent legal advice, made full financial disclosure, understood the agreement's implications, and whether circumstances have materially changed. If these conditions are met, courts give prenups decisive weight in divorce proceedings.

Our prenuptial agreement is professionally drafted following Radmacher v Granatino guidelines and Matrimonial Causes Act 1973 requirements.

Legal and Financial Risks:

• Courts decide everything: Without a prenup, judges apply broad discretionary powers under the Matrimonial Causes Act 1973, potentially dividing assets in ways neither spouse intended.
• Pre-marital assets at risk: Property, savings, and investments you owned before marriage can be included in the "matrimonial pot" and divided upon divorce.
• Business interests vulnerable: Your business could be valued and shares transferred to your ex-spouse, potentially forcing sale or buyout at inopportune times.
• Inheritance loses protection: Family wealth passed down to you may be shared with your spouse if you divorce without clear separation of assets.
• Children from previous relationships: Assets intended for children from a prior relationship could be redirected to benefit your new spouse.
• Debt liability uncertainty: You may become liable for your spouse's debts accumulated during marriage without clear allocation provisions.
• Pension rights unclear: Your pension pot — often worth more than your home — could be split without a predetermined agreement.
• Expensive litigation: Disputed divorces without prenups cost significantly more in legal fees and take longer to resolve.

Second Marriage Complications:

For those remarrying, the risks multiply. Without a prenup, existing children's inheritance can be affected, family homes may need to be sold, and assets intended for specific beneficiaries can be redirected. Courts prioritise fairness but not necessarily your original intentions.

A £22 investment in a prenuptial agreement provides clarity, protection, and peace of mind.

Comprehensive Agreement Coverage:

• ✓ Full party identification and recitals
• ✓ Detailed financial disclosure schedules (assets, income, liabilities, pensions)
• ✓ Pre-marital asset ring-fencing clauses
• ✓ Matrimonial property division provisions
• ✓ Business interest protection clauses
• ✓ Real property ownership provisions
• ✓ Inheritance and gift protection
• ✓ Pension and retirement fund clauses
• ✓ Debt allocation provisions
• ✓ Spousal maintenance arrangements
• ✓ Children provision acknowledgment
• ✓ Review and variation clauses
• ✓ Independent legal advice certificates
• ✓ Severability clause
• ✓ Entire agreement provision
• ✓ Governing law statement
• ✓ Proper execution page with witness requirements
• ✓ Schedule templates for asset listing
• ✓ Solicitor's certificate templates

Professional, comprehensive, and structured following Supreme Court guidelines.

Related documents: Couples often also create a Cohabitation Agreement if living together before marriage, Last Will and Testament for estate planning, and Declaration of Trust for joint property ownership. If a marriage later ends without divorce, a separation agreement template (UK) records the split formally.

Don't Make These Critical Errors:

• Signing too late: Courts may dismiss prenups signed days before the wedding as made under duress. Allow at least 28 days — ideally 3-6 months.
• Incomplete disclosure: Material non-disclosure of assets may cause the court to decline to give effect to the agreement. Full transparency is one of the four Radmacher conditions.
• No independent advice: Both parties should have separate solicitors — sharing one solicitor means the court is less likely to give the agreement decisive weight.
• Ignoring future children: Courts always prioritise children's needs — agreements that don't acknowledge this may be varied.
• Unfair terms: Agreements leaving one party destitute will be set aside. Terms must be reasonable.
• No review clause: Circumstances change — agreements should be reviewed after major life events.
• Overseas assets ignored: Multi-jurisdiction assets need specific provisions and may require foreign legal advice.
• Verbal agreements: Prenuptial agreements must be in writing and signed to be given any weight by the court — verbal promises will not be considered.
• Using pressure: Any evidence of coercion, threats, or undue influence will invalidate the agreement.
• Outdated provisions: Agreements should be reviewed periodically, particularly after significant changes in circumstances.

Our template helps avoid these mistakes with proper structure, guidance notes, and solicitor certificate sections.