Nuptial Agreements

Nuptial agreements, whether entered into before marriage (pre-nuptial) or after marriage (post-nuptial) are not currently legally binding in England & Wales. However, in recent years the courts’ attitude to such agreements has changed significantly. In the well-publicised case of Radmacher in 2010 the Supreme Court stated “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.”

The courts now attach far more weight to such agreements and this has led to an increase in demand from those looking to protect their wealth, pre-acquired assets and inheritance.

In February 2014 the Law Commission published recommendations to Parliament about the future legal status of nuptial agreements. Consequently, there is an expectation that legislation will be introduced to recognise nuptial agreements as contractually binding in circumstances whereby those agreements have been properly negotiated following full financial disclosure and appropriate independent legal advice.

Best Practice

In the meantime best practice for those considering entering into a nuptial agreement is that both parties receive independent legal advice and, if the agreement is a pre-nuptial agreement, that it is approved and signed not later than 28 days before the date of the wedding.

We offer various options for negotiating, including collaboratively. Our team will ensure the approach to the nuptial agreement negotiations will meet your needs and expectations. We are experienced in dealing with these negotiations and the wider family issues that can arise and offer advice and assistance to support you.

Read our articles and guides on Nuptial Agreements.

Initial Fixed Fee Consultation

Come and talk to us. You’ll find us empathetic, keen to help and with a wealth of experience. We offer a fixed fee consultation of £120 for the first appointment. You will be advised on the options open to you and the possible outcomes. Our priority is to ensure that you have a clear understanding of the path ahead and the challenges involved in achieving your goals.

Barr Ellison Law Leading Legal 500 Firm 2024Barr Ellison Law has a small but highly esteemed family, divorce and wealth protection practice, led by Sarah Martin. Her work focuses predominantly on complex financial divorces, both UK and cross-border, and is highly regarded for her experience in private children matters. Associate Karen Anker has vast experience in financial matters, arrangements for children and relocation disputes. She also advises on also wealth protection, including pre- and post-marital agreements and cohabitation agreements. The team is praised for ‘the impeccable quality of their work and advice’.
Legal 500 Guide

‘Sarah Martin and Karen Anker provide a top class service at this firm. The quality of their work and advice is, in my view, impeccable.’

‘Sarah Martin really cares about her clients and she does in fact go the extra mile. She has complex work which she handles with real skill and diligence.’

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‘Sarah Martin: thinking of every possible avenue a case could travel. Gives unrivalled level of support to clients. Clients always feel they have a team 100% on their side.’

‘A very experienced family team in Sarah Martin and Karen Anker. Both very well respected within the Cambridge family law community and beyond.’

‘Karen Anker is an exceptionally proactive, dedicated and extremely talented family lawyer/collaborative practitioner. Her quick mind, extensive legal knowledge and ability to think outside the box has led to her being respected as one of Cambridge’s finest collaborative practitioners. She will leave no stone unturned in pursuit of the best possible outcome for her clients.’

‘Sarah Martin is a knowledgeable, approachable and empathetic solicitor who is adept at calming any given situation. A versatile practitioner with a gentle manner that hides a steely focus to get the best for her clients.’

‘A very experienced family team in Sarah Martin and Karen Anker. Both very well respected within the Cambridge family law community and beyond.’