Page 10 - Town & Around - January 2026

10 Town & Around January 2026 Tel: 01485 540620 email: editor@townandaround.net
Pre-Nuptial Agreements: planning for the “what if” while hoping for “forever”
By Daniel Sims, Solicitor, Hayes + Storr
relationships, own property, a business, or link settlements to the length of the marriage,
expect to inherit family wealth. An agreed recognising shared years and contributions.
framework in the event of a future divorce can Couples should include review clauses to
save the time and money associated with revisit the agreement after major life events,
solicitor negotiations or contested court for example: the birth or adoption a child, a
proceedings further down the line. career change, or inheritance.
In England and Wales, prenuptial Ultimately, a well-drafted prenuptial
agreements are not automatically legally agreement isn’t about planning for failure; it’s
binding, but since a landmark Supreme Court about protecting each other, encouraging
case (Radmacher v Granatino, 2010), the honesty, transparency and fairness.
courts will generally give them considerable
weight. For an agreement to be upheld, it must Post-Nuptial Agreements
hen planning a wedding, be entered into freely, with both parties fully If time runs away before the big day, all is
conversations about flowers, understanding its implications and ideally not lost. A Post-Nuptial Agreement (or
Wvenues and guest lists are far more receiving independent legal advice. postnup) serves the same purpose as a prenup
appealing than discussing finances. Yet for There should also be full financial but is signed after the wedding. It allows
many modern couples, a Pre-Nuptial disclosure, so they are both aware of the assets couples to clarify financial arrangements once
Agreement (or prenup) has become a sensible, and possible claims, and the document should married - perhaps when life has settled down,
even practical, part of the journey to marriage, be signed at least 28 days before the wedding or if circumstances change. Like a prenup, it
one that offers peace of mind and clarity for to avoid any suggestion of pressure or haste. can offer reassurance, structure and fairness,
the future. Fairness remains at the heart of the matter. helping couples move forward together with
A prenup is a written agreement made A court will not uphold a prenup that leaves clarity.
between two people before marriage. It sets one partner, or their children, in financial For more information on making a
out what should happen to assets, income, hardship. Even if all the technicalities are met, prenuptial or postnuptial agreement, please
property and sometimes debts if the the settlement must still meet both parties’ contact our family department on 01328
relationship later breaks down. reasonable needs. An agreement that leaves 863231 or email daniel.sims@hayes-
Traditionally seen as something for the one spouse struggling to rent a home while the storr.com.
wealthy or the “rich and famous”, prenups are other retains several properties would likely
now increasingly common among couples be struck out as unfair. This article is for general information only
from all walks of life, particularly where one Prenups can also be flexible and creative, and does not constitute legal advice. The law
or both partners have children from previous evolving with the marriage itself - some even may have changed since publication.