Pre and post marital agreements

English law does not formally recognise pre-marital agreements in the same way that other countries do. However, in recent years the English Courts have given pre-marital agreements weight in a number of cases and treated them as being significant.

We cannot guarantee that the terms of a pre-marital agreement will be upheld by the court, unless there is a significant shift in the law. However, we will discuss your specific circumstances with you and one of our expert lawyers will draft a document which will give a pre-marital agreement the best chance of being upheld if challenged at a later date.

Similarly a post-marital agreement can be varied on divorce as this fits is with the English Courts’ discretionary system of asset distribution on marital breakdown.

When contemplating whether a pre or post-marital agreement will be suitable for you, we would recommend that you bear in mind from the outset the following points:-

  • Neither party should feel pressurised into entering into an agreement

  • Both parties must be separately and independently advised by a solicitor

  • Both parties must give full and frank disclosure of financial and all other relevant circumstances

  • In respect of a pre-marital agreement, the agreement must be entered into some time before the marriage takes place – at least six weeks before the wedding

  • The agreement should be fair in all the circumstances

If either you or your soon to be spouse are contemplating entering into a pre-marital agreement, or a post-marital agreement has been proposed or discussed it is important that you obtain the right advice at the earliest opportunity.

We can provide you with a fixed fee for this service so you will know exactly what costs you will need to pay.

This is a complex area of the law and requires expert advice. Please contact us on 0208 974 7490 or to arrange an initial consultation to discuss the best way forward for you and we will provide you with further and specific advice tailored to your circumstances.

Our experienced and understanding team are here to help you. We will work with you to ensure the best possible outcome.

Meet the team...

Meet the team working for you. Click the photo to view that team members profile or use the button to send them an email.

Portrait of Senior Man

Andrew Perryman

Portrait of Senior Man

Zubair Dharamsi

Portrait of Senior Man

Dimitra Pantopoulou

We can help.

Contact us today!

0208 974 7490

Back to top

If you have difficulty with mobility we can arrange to see you outside the office where there is ease of access or even at your home 

© Rose & Rose. All rights reserved. Registered Office: The Riverside Centre, 40 High Street, Kingston upon Thames, KT1 1HL 

London, Tower Hill: 1 St Katharine's Way, St Katharine's & Wapping, London E1W 1UN

Rose & Rose LLP t/a Rose & Rose (Company no. OC363353)

VAT Number: GB 928 5154 08

Authorised and Regulated by the Solicitors Regulation Authority (SRA)

SRA ID: 559162