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

Roundhouse secures approval for new £15m office and industrial scheme in Preston Momentum

Roundhouse secures approval for new £15m office and industrial scheme in Preston

25 Jul 2025

2

Homebuilder's high-performing sales advisers clinch awards Ben Garland and Julia Lorente

Homebuilder's high-performing sales advisers clinch awards

24 Jul 2025

3

Work is set to start on Multiversity project Multiversity Blackpool

Work is set to start on Multiversity project

24 Jul 2025

4

BAE Systems welcomes MOU between Republic of Turkiye and UK for purchase of Typhoon aircraft Typhoon production Warton

BAE Systems welcomes MOU between Republic of Turkiye and UK for purchase of Typhoon aircraft

23 Jul 2025

5

Assystem to double UK jobs to deliver Sizewell C EDF Assystem

Assystem to double UK jobs to deliver Sizewell C

22 Jul 2025

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
Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Preston Tech Connection: Buzz Word Bingo. Challenging Todays's Buzzwords In Tech
July PTC banner long updated.png.png
LBV Hub Networking
29 Jul 2025 - 29 Jul 2025

Preston Tech Connection: Buzz Word Bingo. Challenging Todays's Buzzwords In Tech

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Preston Freelancer Meet-Up: July
Longer July Banner.jpg.jpg
LBV Hub Networking
31 Jul 2025 - 31 Jul 2025

Preston Freelancer Meet-Up: July

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Advantage: AI – A Workshop for Business Leaders – August 14th
Navy--Event Tile.png.png
LBV Hub Seminars
14 Aug 2025 - 14 Aug 2025

Advantage: AI – A Workshop for Business Leaders – August 14th

Door4 Office, Burnley Wharf, Burnley, BB11 1JG

09:00 - 12:00

The Business Network Central & East Lancashire
LBV Header (24).png.png
LBV Hub Networking
21 Aug 2025 - 21 Aug 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Morecambe Bay Walk
Walk.jpg.jpg
LBV Hub Awards
30 Aug 2025 - 30 Aug 2025

Morecambe Bay Walk

Arnside, CARNFORTH, LA5

09:30 - 14:00

Longridge Soap Box Derby
Screenshot 2025-06-10 090035.png.png
LBV Hub Fundraisers
14 Sep 2025 - 14 Sep 2025

Longridge Soap Box Derby

Berry Lane, Longridge, PR3 3WH

10:00 - 16:30

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

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 LBV 123 Online Graphic
Subscribe now

Weekly news bulletin