Do I need a nuptial agreement?

Nuptial-Agreement-web.jpg.jpg

David Connor, director and family law specialist based in WHN’s Rawtenstall office, explains why some couples may consider entering into a nuptial agreement as part of their commitment to getting married.

What is a nuptial agreement?

A nuptial agreement is a formal written agreement to enable couples to agree how to deal with assets gained during their time together, should their marriage break down in the future.

The agreement can also provide for child and/or spousal maintenance and can also outline an agreed pension splitting.

A nuptial agreement can be made before a marriage in which case it is called a prenuptial agreement, commonly referred to as a pre-nup. You can learn more about prenuptial agreements on our dedicated website page.

If the agreement is drawn up after the marriage, it is called a postnuptial agreement. Much like a pre-nup, a postnuptial agreement is a formal, written agreement which allows individuals to determine how to settle issues relating to financial assets without the need to go to court, should their marriage fail. You can learn more about postnuptial agreements in our blog post: Why a postnuptial agreement is right for you.

The idea behind preparing a nuptial is to avoid the need for couples to resort to court proceedings if a marriage breaks down. A nuptial may be seen as ‘unromantic’, but it can help reduce the risk of unnecessary conflict should a married couple seek divorce, or the marriage fails.

What provisions can a nuptial cover?

A nuptial agreement is very useful where one or both parties have inherited wealth and/or have children from a previous relationship. The agreement can ensure that certain assets owned by one partner are ringfenced and thus not available for sharing.

This means that provision can be made for individuals to retain personally owned properties, individual savings, any expected inheritances, and possessions including valuable items and jewellery. It can also have the provision for an individual to retain a business interest in their family business.

Understanding your commitment and rights when entering a nuptial agreement

The courts will uphold nuptial agreements if the expected formalities have been complied with and the agreement is seen as fair. However, they are not automatically binding upon both parties. They must be entered into freely and willingly by both parties without duress and with full appreciation of the implications.

Nuptial agreements can often provide a different outcome than in the courts and therefore it is important that people understand the rights they may be acquiring or losing in the process.

The documents are complex in nature, should be drawn up by a solicitor and ideally with both parties having separate legal advice in the process. In taking advice at an early stage, you can have the freedom to agree your own terms of separation without the court imposing a solution upon you.

This could protect your family business, minimise acrimony on divorce and ultimately it may save you money at the point of separation.

In what circumstances is a different agreement required?

It is important to note that a nuptial agreement provides for protecting assets in a relationship breakdown and does not specifically deal with provision on death where the couple may have still been happily married.

It is strongly recommended for couples intending to draw up a prenuptial or seeking to prepare a postnuptial agreement to review their wills at the same time and check the provision for the other party in their wills is sufficient. It is then important to review both documents should any circumstance change for either party.

It is also important to recognise that different and complex rules apply to couples who live together but do not plan to marry, as nuptials are designed to protect married couples or couples intending to get married. It is possible to put together a ‘living together’ agreement to work in a similar way to a prenuptial agreement, however, the law relating to unmarried separating couples is very different to that for divorcing couples. To find out more see our related blog post that provides further information.

Specialising in all areas of family law, David represents individuals seeking to resolve family law matters either by agreement or where necessary, through court proceedings. If you are planning to marry or are married and wish to discuss preparing a nuptial agreement, contact David on 01706 225621 or email [email protected] 

Enjoyed this? Read more from Woodcocks Haworth & Nuttall Solicitors

Latest news

1

Burnley shortlisted for £20,000 Let's Celebrate Towns grant Burnley Bid Street Cleaning

Burnley shortlisted for £20,000 Let's Celebrate Towns grant

13 Nov 2026

2

Universities and civic authorities unite to improve opportunities in county Eaf91ac1fe464d1580d6b0eae8307284

Universities and civic authorities unite to improve opportunities in county

13 Nov 2026

3

Lancashire business leaders among 27 for '27 Northern Stars Fourimagetemplatecomplete

Lancashire business leaders among 27 for '27 Northern Stars

12 Nov 2026

4

Profits flow at United Utilities United Utilities Watto Photos / Shutterstock.com

Profits flow at United Utilities

12 Nov 2026

5

BAE Systems order book hits £33bn bae-systems-samlesbury.jpg

BAE Systems order book hits £33bn

12 Nov 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Lancaster District Business Support Expo
Lancaster And Morecambe Logo 1 18 Nov 2026

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

09:00 - 13:00

Great Winter Pie & Pea Social
Lancaster And Morecambe Logo 1 19 Nov 2026

Great Winter Pie & Pea Social

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 20:00

Neurodiversity Awareness and Support Training
20 Nov 2026

Neurodiversity Awareness and Support Training

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:00 - 16:00

Neurodiversity at Work - A Free Event
Event graphic 1200x800@1x.png.png 20 Nov 2026

Neurodiversity at Work - A Free Event

Lancashire FA, Leyland , PR252LF

09:30 - 12:30

Degree Apprenticeship Careers Fair
LBV Website Events GraphicCareers Fair 21 Nov 2026

Degree Apprenticeship Careers Fair

University of Lancashire, Foster Building, Preston, PR1 2HE

09:00 - 15:00

Freelancer Meet-Up: November
 Freelancer Meet-Up Square NOV.png.png 24 Nov 2026

Freelancer Meet-Up: November

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Bank of England North West Economic Update – Autumn Briefing
Lancaster And Morecambe Logo 1 25 Nov 2026

Bank of England North West Economic Update – Autumn Briefing

Lancaster Golf Club, Lancaster, LA2 0AJ

08:30 - 10:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin