A prenuptial agreement lets you and your partner agree, before you marry, how your assets would be divided if the marriage ever ended.
Our prenuptial agreement solicitors act for couples across Staffordshire, from our offices in Stafford and Rugeley, drafting clear, properly evidenced agreements that protect property, savings, a business, or assets you want to keep for children from an earlier relationship.
We offer all new clients a free 30-minute consultation at which we will also be able to give you a clear guide to the potential costs of preparing an agreement.
Book your free 30-minute consultation
Call our Stafford office on 01785 603060 or our Rugeley office on 01889 803080, or make an enquiry online.
Are prenuptial agreements legally binding in England and Wales?
This is the question almost everyone asks. A prenuptial agreement is not automatically binding in England and Wales in the way a contract is, but the courts will normally uphold one, and give it decisive weight, where it has been entered into properly and is fair. The leading case, Radmacher v Granatino, confirmed that a court should give effect to an agreement freely entered into by both parties with a full appreciation of its implications, unless it would be unfair to hold them to it.
In practice, a court is far more likely to uphold an agreement where:
- Both of you took independent legal advice before signing
- You each gave full and honest disclosure of your finances
- It was signed well before the wedding, not at the last minute
- Neither of you was put under pressure to sign
- The terms are fair and meet the needs of any children
- There has been no major change of circumstances since it was signed, such as having children together
We make sure your agreement meets these requirements, so it is as robust as it can be if it is ever tested.
The law on prenuptial agreements is under review
In June 2026 the government opened a consultation, A fairer end to relationships, proposing that “qualifying nuptial agreements” should become legally binding for the first time. Under the proposals an agreement would bind the court where it is made as a deed, signed outside the 28 days before the wedding, supported by financial disclosure and independent legal advice on both sides, and provides for each party's needs and those of any children.
The consultation closed in August 2026 and the government's response is awaited, so nothing has changed yet. What it does mean is that an agreement drafted properly now, to those standards, is well placed whichever way the reforms go. It is another reason not to leave this to the last few weeks before a wedding.
Ask us whether a prenuptial agreement is right for you
Call 01785 603060 or 01889 803080, or make an enquiry online, and we will talk it through at your free 30-minute consultation.
What a prenuptial agreement can protect
Couples increasingly marry later, or remarry, with assets they have worked hard for. A prenuptial agreement can set out what happens to:
- Property you owned before the marriage, including the family home
- Savings, investments and pensions
- A business or shareholding you want to keep running and intact
- Inheritance and family wealth, including gifts and trusts
- Assets intended for children from a previous relationship
It cannot decide arrangements for children or child maintenance, which remain matters for the court. It is often prepared as part of wider wealth and estate planning, alongside your will, and alongside a financial settlement if an earlier marriage has ended.
How our solicitors help
We can help at whatever stage you are:
- Drafting a prenuptial agreement tailored to your circumstances
- Reviewing an agreement your partner's solicitor has prepared, and giving you the independent advice the agreement needs to stand up
- Negotiating terms sensitively, so the process protects your relationship as well as your assets
- Advising on an existing agreement if you are now divorcing, including whether a court is likely to hold you to it
When should a prenuptial agreement be signed?
Timing matters to enforceability. An agreement signed in a rush, days before the wedding, is far easier to challenge. The recognised benchmark, recommended by the Law Commission and carried into the government's current proposals, is that an agreement should be signed at least 28 days before the ceremony.
An agreement made later is not automatically worthless, but it is harder to defend, so the earlier you start the better: there needs to be time for disclosure, advice and negotiation without pressure.
If you are already married, you can put the same protections in place with a post-nuptial agreement.
How much does a prenuptial agreement cost?
How much a prenuptial agreement costs depends on your particular circumstances; the complexity of your financial arrangements, for example, where there are business interests or trusts to consider. We will work to a clear, pre-agreed hourly rate. We set this out, along with an initial fee estimate, at your free consultation before you commit and we will always ensure you are kept fully up to date on costs as your matter progresses.
Why choose Pickering & Butters
- A specialist family team acting for couples across Staffordshire from our Stafford and Rugeley offices
- Resolution members on the team, committed to a constructive, sensitive approach
- Lexcel accredited by the Law Society for practice management and client care, since 2004
- Experience across the range, from straightforward agreements to medium and high net worth couples with businesses and trusts
- A named solicitor handling your matter from day one
- Free 30-minute consultation before you commit
Your agreement is handled by our family law team, led by Donna Nicholls, Partner and Head of Department for Family. Meet the full family law team.
Frequently asked questions about prenuptial agreements
Are prenuptial agreements legally binding in the UK?
Not automatically, but the courts will normally uphold a prenuptial agreement that was entered into freely, with independent advice and full financial disclosure on both sides, and that is fair. A properly drafted agreement carries significant weight, and the government is consulting on making qualifying agreements binding.
Can I refuse to sign a prenup?
Yes. No one can be forced to sign a prenuptial agreement, and an agreement signed under pressure is far less likely to be upheld. Both parties must enter into it freely, which is exactly why independent legal advice matters.
How long is a prenuptial agreement valid for?
There is no fixed expiry, but an agreement should be reviewed after a significant life change, such as having children or a major change in finances, so that it still reflects your circumstances and remains fair. We can build in a review at agreed intervals.
Can you get a prenup after you are married?
Not a prenup, but you can achieve the same protection with a post-nuptial agreement, which works on very similar principles. See our post-nuptial agreements page.
What if we are living together but not getting married?
An unmarried couple can protect their position with a cohabitation agreement instead. See our cohabitation agreement solicitors page.
How much does a prenuptial agreement cost?
We explain the cost at your free consultation, before you commit to anything. All work is charged at a clear hourly rate and an overall cost estimate provided.
Speak to our prenuptial agreement solicitors in Stafford and Rugeley
If you are planning to marry and want to protect what matters, the time to act is now, well before the wedding. Book a free 30-minute consultation for clear, practical advice.