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Pre-Nuptial Agreement Solicitors London

 

Winners of Family Law Team of the Year – Chambers HNW Awards 2024

A well-drafted prenuptial agreement can provide clarity, certainty and protection for both parties entering a marriage. At Payne Hicks Beach, we are experts in the negotiation and preparation of prenuptial agreements for high net worth, ultra-high net worth and international clients. Our team acted in the groundbreaking Supreme Court case of Radmacher v Granatino [2010] UKSC 42, which changed the way the English courts look at prenuptial agreements. The Supreme Court held that the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.

We understand that discussions about prenuptial agreements can feel sensitive and that the impetus for an agreement may come from wider family members as well as from the couple themselves. Our approach is to guide you through the process with care and professionalism, ensuring that both parties feel informed, reassured and protected. Unlike boutique specialist family law firms, Payne Hicks Beach is a full service law firm that offers in-house tax, trusts, corporate and property expertise alongside our family team, enabling fully coordinated advice where complex asset structures are involved.

Our starting point will always be to consider with you your objectives and how best to structure it for your particular circumstances. We will explain the law, advise on what is realistic and enforceable, and ensure that the agreement is properly drafted, executed and recorded. Our team is ranked Band 1 by Chambers HNW and Top Tier by Legal 500.

 


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Planning for your financial future requires specialist expertise and a genuine understanding of your circumstances. At Payne Hicks Beach, our experienced solicitors are dedicated to protecting your assets, your family and your privacy while ensuring that the arrangements you put in place are robust and lasting.

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With top ratings in Chambers UK, Chambers HNW and The Legal 500 UK guides, the department is recognised as frequently advising in some of the most high-value and high-profile matrimonial finance cases in the market, including cases involving complex prenuptial and postnuptial agreements with international elements. We are trusted by entrepreneurs, business owners, professionals and families with significant assets across multiple jurisdictions.
In 2024, Payne Hicks Beach won Family Law Team of the Year at the Chambers HNW Awards. We are also recognised by ePrivateclient (Tier 1), Doyle’s Guide (First Tier, with Baroness Shackleton rated Preeminent) and the Spear’s Family Lawyers Index, where Victoria Hingston is specifically featured for pre and post-nuptial agreements.

Payne Hicks Beach acted in the groundbreaking case of Radmacher v Granatino [2010] UKSC 42, which changed the way the English courts look at prenuptial agreements. Prior to this case, it was often said that prenuptial agreements were not worth the paper they were written on. The Supreme Court held that the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to their agreement. This remains the leading authority and the framework within which every prenuptial agreement in England and Wales is assessed.

We are adept in understanding what the courts look for when deciding whether to uphold an agreement, and we draft every agreement with that framework in mind. Victoria Hingston and Nick Manners, both partners in the family department and featured in the Spear’s Family Lawyers Index for prenuptial agreement work, lead our practice in this area.

Prenuptial agreements for high net worth clients frequently involve complex asset structures that require input from other disciplines, including tax planning, wealth protection, business succession, trust structures and property arrangements. As a multi-service firm, we offer comprehensive support across wealth, tax, business and private client matters, delivering a coordinated strategy.

Where a prenuptial agreement involves business interests, offshore trusts, international property or complex remuneration structures, our family team works alongside our tax and corporate specialists to ensure that the agreement is structured to achieve its objectives from both a family law and a tax perspective. This integrated capability is a genuine differentiator from firms without in-house expertise across these disciplines.

We understand that privacy and discretion are of critical importance to our clients. The process of negotiating and agreeing a prenuptial agreement involves the exchange of sensitive financial information and personal discussions about the future of a relationship. We ensure that every aspect of this process is handled with the utmost sensitivity and confidentiality. For clients with a public profile, we are experienced in managing the process in a way that ensures complete discretion.

In our increasingly cosmopolitan society, many couples have connections to more than one jurisdiction. It is not possible to have a single global agreement that would be enforceable worldwide. Matrimonial laws vary significantly between countries, and in the United States they vary on a state-by-state basis. Where a couple has assets or ties in multiple jurisdictions, it may be necessary to prepare mirror agreements in each jurisdiction to ensure enforceability.

We have extensive experience advising on international prenuptial agreements and have developed longstanding working relationships with specialist family lawyers in jurisdictions across the world. Our team can coordinate a multi-jurisdictional approach to ensure the best possible chance that your agreement is enforceable wherever you may live in the future. We regularly advise clients on the interaction between English law and the matrimonial property regimes that operate in continental European jurisdictions, the Middle East, Asia and the United States.

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What is a Prenuptial Agreement?

A prenuptial agreement is an agreement between the parties to an intended marriage that sets out how their finances will be dealt with in the event that the marriage is dissolved. Although not strictly legally binding as a contract in England and Wales, the Supreme Court in Radmacher v Granatino [2010] established that a properly drafted prenuptial agreement should be upheld by the court unless it would not be fair to do so. In practice, a well-drafted prenuptial agreement that meets the established criteria carries very significant weight.

What Makes a Prenuptial Agreement Enforceable?

For a prenuptial agreement to carry weight with the court, the following criteria should be met: both parties must enter into the agreement freely and without undue pressure; both parties should have received independent legal advice; there should have been full and frank financial disclosure by both parties; the agreement should have been entered into a reasonable period before the marriage (at least 21-28 days is recommended); and the terms should be fair, taking into account both parties’ needs, the length of the marriage, and any children. An agreement that meets these criteria is, in practice, likely to be upheld.

Protecting Business Interests

For entrepreneurs and business owners, a prenuptial agreement can be an important tool for protecting a business from the consequences of a potential future divorce. The agreement can specify how business interests, shareholdings, carried interest and partnership interests are to be treated, and can ring-fence pre-marital business assets from the matrimonial pool. We work with business owners to ensure that the agreement is structured to protect the business while remaining fair and enforceable.

Protecting Inherited and Family Wealth

Prenuptial agreements are frequently used to protect inherited wealth, generational assets and property that are intended to be passed down through a family line. Following the Supreme Court’s judgment in Standish v Standish [2025] UKSC 26, the law is clear that non-matrimonial assets should be excluded from the sharing exercise save to the extent they may be required to meet needs. A prenuptial agreement can reinforce that exclusion by recording the parties’ intentions at the outset of the marriage. Where trusts or family office structures are involved, our family team works alongside PHB’s specialist trusts and private client team to provide coordinated advice.

Prenuptial Agreements for Second Marriages

Many of our clients are entering into a second or subsequent marriage and wish to protect assets that they have accumulated during their lifetime or that they intend to leave to children from a previous relationship. A prenuptial agreement can provide clarity for both parties about how existing assets, pensions and property will be treated, and can help to avoid disputes in the future.

The Process

We will discuss with you what you want the agreement to achieve, explain the law and advise on what is realistic and enforceable. We will then prepare a draft agreement for your review and negotiate the terms with your partner’s solicitor. Both parties should have the benefit of independent legal advice. The agreement should be finalised and signed well in advance of the wedding. We recommend beginning the process at least three months before the wedding date to allow sufficient time for disclosure, negotiation and independent advice.

Cost

The cost of a prenuptial agreement depends on the complexity of the assets involved and the degree of negotiation required. We are happy to discuss your circumstances and provide a clear indication of costs at the outset. In high net worth cases involving complex asset structures, business interests or international elements, the cost will reflect the additional work required to ensure the agreement is comprehensive and enforceable.

Credentials & Accreditations

  • Chambers HNW 2025: Band 1, Leading Firm for Family Law
  • Chambers UK 2026: Band 1, Leading Firm for Family Law
  • Legal 500 UK 2025 & 2026: Top Tier, Leading Firm, Family Law
  • ePrivateclient 2025: Tier 1 Ranking, Top Family Law Firms
  • Doyle’s Guide 2025 & 2026: First Tier, Leading Family & Divorce Law (London)
  • Doyle’s Guide 2025 & 2026: Baroness Shackleton rated Preeminent – Leading High Net Worth Family Lawyers (London)
  • Spear’s Family Lawyers Index 2025: Victoria Hingston featured with a focus on pre and post-nuptial agreements
  • Chambers HNW Awards 2024: Winner, Family Law Team of the Year
  • Landmark case: Radmacher v Granatino [2010] UKSC 42 – the leading authority on prenuptial agreements in England and Wales

Frequently Asked Questions

Prenuptial agreements are not technically legally binding as contracts in England and Wales because the court’s discretion to make financial orders on divorce cannot be ousted by agreement. However, following the Supreme Court’s decision in Radmacher v Granatino [2010] UKSC 42, a prenuptial agreement that is freely entered into by each party with a full appreciation of its implications should be given effect by the court, unless in the circumstances prevailing it would not be fair to do so. In practice, a properly drafted prenuptial agreement that meets the established criteria carries very significant weight and will be upheld in the vast majority of cases. At Payne Hicks Beach, we acted in the groundbreaking case of Radmacher v Granatino and have a detailed understanding of what courts require.

You should look for a solicitor with specific experience in drafting and negotiating prenuptial agreements, particularly if your case involves complex assets, business interests or international elements. Look for firms ranked by Chambers HNW and Legal 500 in the specialist high net worth family law category, and consider whether the firm has in-house capability across tax, trusts and corporate law. PHB is ranked Band 1 by Chambers HNW and Top Tier by Legal 500, and our team includes Victoria Hingston, specifically featured by Spear’s for prenuptial agreement work. We acted in the groundbreaking Supreme Court case of Radmacher v Granatino [2010] UKSC 42, which changed the way the English courts look at prenuptial agreements.

The process begins with a consultation in which we discuss what you want the agreement to achieve and advise on what is realistic and enforceable under English law. Both parties should have the benefit of independent legal advice and provide full financial disclosure. We will prepare a draft agreement, negotiate the terms with your partner’s solicitor, and ensure the agreement is properly executed as a deed. We recommend beginning the process at least three months before the wedding date. In high net worth cases, the agreement may need to address business interests, trusts, offshore structures, international property and pension arrangements, and our family team works alongside PHB’s tax and private client specialists where needed.

Payne Hicks Beach acted in the groundbreaking case of Radmacher v Granatino [2010] UKSC 42, which changed the way the English courts look at prenuptial agreements, and in multiple reported cases concerning prenuptial agreements since.  Our vast experience means that our team has a depth of understanding that few firms can match. We are ranked Band 1 by Chambers HNW and Top Tier by Legal 500, with Victoria Hingston featured by Spear’s specifically for prenuptial agreement work. As a full-service firm, we can provide coordinated advice across family law, tax, trusts and corporate matters, which is essential where prenuptial agreements involve complex asset structures.

A prenuptial agreement should address what will happen to all assets owned by both parties, including property, savings, investments, pensions, business interests and any expected inheritances or trust interests in the event that they divorce. It should set out how those assets are to be treated during the marriage and how they would be divided in the event of a divorce. Each agreement is bespoke and tailored to the couple’s specific circumstances.

Yes. A prenuptial agreement can ring-fence business interests, shareholdings and partnership interests from the matrimonial pool, and can specify how business assets are to be treated in the event of a divorce. For business owners, this can be an important tool for ensuring that the business is not disrupted by divorce proceedings. We regularly advise entrepreneurs and business owners on structuring prenuptial agreements that protect their commercial interests while remaining fair and enforceable.

The cost of a prenuptial agreement depends on the complexity of the assets involved and the degree of negotiation required between the parties. A straightforward prenuptial agreement for a couple with relatively simple financial circumstances will cost less than an agreement involving business interests, international assets, trusts or multiple jurisdictions. We are happy to discuss your circumstances and provide a clear indication of costs at the outset.

Often a prenuptial agreement will contain a review clause providing that the agreement is to reviewed at regular intervals or upon the occurrence of certain trigger events (for example upon the birth of a child or an international relocation). The  parties may then enter into a postnuptial agreement if the review requires changes to the agreement. The new postnuptial agreement will then stand in place of the earlier agreement.

Contact Us for a Confidential Consultation

If you are planning to marry and would like advice on protecting your financial position with a prenuptial agreement, our team is here to help. We are happy to discuss your circumstances, explain your options, and set out a clear path forward.

Contact Payne Hicks Beach to arrange a confidential consultation with one of our specialist solicitors.