Pre- and Post-Nuptial Agreements

Pre- and post-nuptial agreements are agreements that are entered into by a couple either before or after their marriage. They protect your financial interest, setting out how assets will be divided in the marriage ends in divorce or is dissolved. Loch helps you draft a clear and fair agreement, strengthening enforceability of the agreement for peace of mind and reducing conflict if your relationship ends.

Service Overview

A pre-nuptial agreement (prenup) is a legal contract created before marriage outlining how assets, finances, and debts will be divided in the event of divorce or separation. A post-nuptial agreement (postnup) is similar but made after marriage.

These agreements are increasingly common as couples seek to protect personal and business assets, clarify financial responsibilities, and provide certainty for themselves and their families.

While prenups and postnups are not automatically legally binding in the UK, courts give significant weight to them especially when properly drafted, are fair, and entered into with full disclosure.

Without these agreements, assets may be divided according to default legal rules, which might not reflect your intentions or contributions. A clear agreement can prevent lengthy, costly disputes and help preserve relationships.

How Loch
Delivers This Service

We begin by understanding your financial situation, goals, and concerns. We explain the benefits and limitations of prenups and postnups, ensuring you know how they interact with current family law.

Our solicitors draft tailored agreements that cover division of property, savings, pensions, business interests, and spousal maintenance. We ensure full financial disclosure and fairness, which are key to enforceability. We work with both parties to facilitate open, informed discussions whether you’re planning ahead or seeking an agreement during marriage.

If disputes arise, we provide strategic advice and support mediation or court proceedings as necessary as part of our wider family law offering.

Key Elements

Not automatically, but courts usually uphold them if they are fair, entered into voluntarily, and both parties fully disclose assets.

Division of assets, financial support, business interests, inheritance rights, and arrangements for children’s financial needs.

Yes, if one party can show unfairness, lack of disclosure, or pressure. Proper legal advice and drafting reduce this risk.

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Financial Settlements in Divorce and Separation