Prenuptial Agreement Lawyers in Reading

Getting married is exciting and it is also the right moment to be clear about money. A prenuptial agreement lets you both set out, calmly and in advance, what would happen to your property, savings and any business if the marriage were to end. It is a practical safeguard, not a sign of doubt. Our prenuptial agreement lawyers in Reading draft prenups that are clear, fair and built to stand up.

Call us on 0118 951 6200 or get in touch via our online enquiry form. Your first conversation is confidential and there is no obligation.

What is a prenuptial agreement?

A prenuptial agreement, or ‘prenup’, is a written agreement made before marriage that sets out how a couple’s assets would be divided if they later divorce. It typically covers property, savings, pensions, inheritances and business interests, and is designed to give both partners certainty and to reduce conflict.

A similar agreement made after the wedding is called a postnuptial agreement, and we prepare both. Prenups are increasingly common, and not only among the wealthy, they are particularly valuable for those entering a second marriage, protecting a family business, or safeguarding an inheritance or assets built up before the relationship.

Are prenuptial agreements legally binding in the UK?

Prenuptial agreements are not automatically binding in England and Wales, but the courts will usually uphold them if they are fair. Following the Supreme Court decision in Radmacher v Granatino (2010), a court will give effect to a prenup that both parties entered into freely, with a full understanding of its implications.

To give your agreement the best chance of being upheld, we make sure it meets the conditions the courts look for, set out below. We also recommend reviewing it after major life changes, because an agreement that no longer meets your family’s needs, for example after children arrive, carries less weight with a court.

How to make a prenup the court will uphold

A well-drafted prenup follows several key principles.

1. Sign in good time: Complete the agreement well before the wedding, ideally at least 28 days ahead, so neither partner can claim they were pressured.
2. Full and frank disclosure: Both partners share complete details of their finances, so the agreement is made with eyes open.
3. Independent legal advice: Each partner takes advice from their own solicitor, so both understand exactly what they are agreeing to.
4. Fairness: The agreement must meet both partners’ needs and not leave one in real hardship; an unfair agreement is unlikely to be upheld.
5. No pressure: The agreement must be entered into freely, without undue influence from either side or their families.

Who should consider a prenuptial agreement?

A prenup is worth considering in many situations, not only for the very wealthy. It makes particular sense if you own a property, significant savings or investments before the marriage, or if you own or are a partner in a business and want to protect it and your co-owners. It is also commonly used by those marrying for a second time who want to provide for children from an earlier relationship, by anyone who expects to receive or has already received an inheritance they wish to ring-fence, and where one partner is bringing significantly more debt or assets into the marriage. In short, if you have something you want to keep clear of any future divorce settlement, a prenup is worth a conversation.

Prenups and protecting a business

For business owners, a prenuptial agreement is one of the most effective ways to keep a company out of a divorce settlement — which protects not just you, but your business partners and any family shareholders who could otherwise be drawn into proceedings. We work alongside our corporate colleagues so the agreement reflects how your company is owned and structured, and dovetails with any shareholders’ agreement or partnership arrangement. As Resolution members, we approach these conversations constructively, with both partners’ interests in mind.

Reviewing your prenup over time

A prenup is not set in stone. Life changes, children arrive, finances grow, businesses are sold, and an agreement that no longer reflects your circumstances will carry less weight. We recommend reviewing your prenup after any significant change, and updating it through a postnuptial agreement where needed, so it continues to do its job. Keeping it current is one of the best ways to ensure a court gives it full effect.

Prenuptial agreement lawyers in Reading and the Thames Valley

We advise couples on prenuptial and postnuptial agreements across Reading, Berkshire and the wider Thames Valley, including Wokingham, Bracknell, Newbury and Maidenhead, from our office at 1 London Street in central Reading. Appointments are available in person, by telephone and by video. The earlier you start, the stronger your agreement, so it is well worth getting in touch in good time before the wedding.

Why choose FSP for prenuptial agreements

Our family team is one of the largest in the Reading area, and has been top ranked in independent legal directories such as Chambers and Partners and The Legal 500 for many years. That depth means we can match the right lawyer to your matter and your budget.

• Recognised expertise: A top-ranked family team in the legal directories, equally at home with high-value, complex work and everyday family matters. Experience from over 20 years at the most senior level down to newly qualified, so you pay for the right level of expertise.
• Resolution member: Every family lawyer is a member of Resolution and follows its constructive, non-confrontational code of practice.
• Quality assured: Lexcel accredited for quality and client care, and regulated by the Solicitors Regulation Authority.
• A full-service firm: Your Wills, Tax and Trusts team, Residential Conveyancing team and Employment Law team are all under one roof for joined-up advice.

Plan ahead with confidence

The earlier you start, the stronger your agreement. Call us today on 0118 951 6200, or get in touch via our online enquiry form.