Nuptial agreements: our not-so-romantic guide to protecting interests in marriage

As far as romance goes, signing pre or post-nuptial agreements is not high up on most couples’ list of priorities.

But Allen Bailey, family law expert at Scotts Hall & Birtles, has highlighted the benefits - and the dangers - of entering into such an arrangement.

Allen Bailey, family law specialist, Scotts Hall & Birtles

“Talking about pre-nups or post-nups isn’t romantic at all,” Allen said. “But these conversations are becoming more normal. I think people value the clarity, protection and peace of mind they can bring - and peace of mind itself can be romantic!”

In England and Wales, pre-nuptial and post-nuptial agreements are not automatically legally binding.

Courts still make final decisions under the Matrimonial Causes Act 1973, but the landmark Supreme Court case Radmacher v Granatino (2010) changed everything. The ruling confirmed that nuptial agreements should generally be respected if both parties entered into it freely, understood it fully, and the result wouldn’t be unfair.

Allen added: “What we see today is that courts give significant weight to well-prepared agreements, especially those with full financial disclosure and independent legal advice.

“In practice, this means that just because an agreement is in place, doesn’t guarantee that that agreement will be upheld.

“But while outcomes are not guaranteed, pre and post-nups do matter. When done properly, they can provide structure, protection, and clarity. Think of them less as preparing for the worst and more as planning responsibly, together.”

Here are Allen’s pros and cons on pre and post-nuptial agreements:

The Pros

Clarity about finances

A well-drafted agreement helps couples know where they stand. Courts take them seriously when they meet the Radmacher criteria, so they can really shape outcomes if a relationship ends.

Protection of assets

They’re especially useful where one partner has pre-marital property, inheritance, or a family business. These are common areas nuptial agreements can cover.

Less conflict later

Decisions made calmly in advance can mean fewer disputes if things do break down. Courts often uphold agreements that feel fair and transparent, which can reduce legal wrangling.

Good financial conversations

It might feel awkward, but talking openly about money upfront can strengthen a relationship and help avoid surprises.

The Cons

They can feel unromantic

Suggesting a pre-nup can feel uncomfortable and may give the wrong impression unless handled sensitively.

Not automatically binding

Because courts have the final say, an agreement won’t stand if it’s unfair or if someone wasn’t properly advised. Recent cases show courts will set aside agreements signed under pressure or without proper disclosure (e.g., a 2025 case where a wife successfully challenged a post-nup).

They need proper legal advice

For an agreement to carry weight, both partners must receive independent legal advice and provide full disclosure—meaning time and cost.

Life changes

Children, health issues, or major financial shifts can all affect whether an agreement still seems fair. Courts will prioritise needs and children’s welfare over any contract.

Contact us today if you need help with nuptial agreements.