The legal rights of unmarried couples living together
Living together without getting married is a common choice for many couples. However, it’s essential to understand the legal differences
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Prenuptial agreements help couples agree how assets would be treated if a relationship ends. Many see this as a practical step, rather than a lack of commitment. It is also a way of protecting the welfare of any children if you and your partner separate.
Prenuptial agreements are complex legal documents and should be prepared by a specialist family law solicitor. For an agreement that will stand up in court, both partners should get independent legal advice, there should be full disclosure of all assets and circumstances, and the agreement should be fair to both parties, leaving no one in financial need.
There should be no undue influence to enter into the agreement. This is often considered to be time pressure, so it’s good practice to complete the agreement at least one month before the wedding.
They can be particularly helpful where one or both partners have existing property, savings or children from a previous relationship. We ensure agreements meet legal standards, including fairness, full disclosure and independent advice for both parties.
Tees have an excellent reputation locally for providing commercially minded and sensible advice.
The issues our prenuptial agreement solicitors will help you with include:
Tees is a leading Legal 500 firm offering comprehensive legal services to meet all your needs. We provide expert support across all areas of family law, including divorce mediation, court proceedings, and prenuptial and postnuptial agreements.
We work with a broad range of clients, from those with complex financial situations to those with more straightforward needs. Our expertise extends to the agricultural sector, where we understand the balance between personal and business interests.
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A prenuptial agreement, often called a prenup, is a written agreement made before marriage or civil partnership. It sets out how your assets, income and property would be divided if your relationship ends.
In England and Wales, prenuptial agreements are not automatically legally binding. However, the courts will usually uphold a prenup if it is entered into freely, with full understanding, and is fair.
Prenuptial agreements are not strictly binding under English law. However, the court will give significant weight to them if:
Both parties entered into the agreement freely
There was full financial disclosure
Each person received independent legal advice
The agreement is fair and meets both parties’ needs
The court’s main concern is fairness. A prenup cannot leave one party in serious financial hardship or fail to provide properly for children.
Many couples see a prenuptial agreement as sensible planning rather than a sign of mistrust. You might consider one if:
One or both of you own property before marriage
You have a business or family company
You expect to receive an inheritance
You have children from a previous relationship
There is a significant difference in wealth
A clear agreement can reduce uncertainty and conflict if you later separate.
A prenuptial agreement can include:
Property and real estate
Savings and investments
Business assets
Pensions
Debts and liabilities
How future assets may be treated
While financial matters can be agreed, arrangements concerning children will always remain subject to the court’s overriding duty to prioritise their welfare.
A prenuptial agreement should ideally be finalised and signed at least 28 days before the wedding or civil partnership ceremony. This helps demonstrate that both parties had sufficient time to consider the terms without pressure.
We recommend starting the process several months before the wedding to ensure everything is handled carefully and properly.
Yes. A prenuptial agreement can help ring-fence inherited assets, family gifts, trusts and business interests. This is particularly important where there is intergenerational wealth or family-owned companies.
The agreement must still be fair in the circumstances at the time of divorce, which is why periodic reviews are advisable.
Yes. Prenups are often used to protect:
A family farm or estate
Shares in a private company
Professional practices
Trust interests
Generational wealth
If you are part of a farming or business family, careful drafting is essential to balance personal fairness with long-term commercial stability.
Without a prenup, the court has wide discretion (in England and Wales) under the Matrimonial Causes Act 1973 to divide assets in a way it considers fair.
This can create uncertainty, particularly where there are complex finances or inherited assets. A prenuptial agreement provides clarity and can narrow the issues in dispute.
Absolutely. Tees Law provides advice on all family law and divorce services not only in Essex, Cambridgeshire, and Hertfordshire—including affluent areas such as Chelmsford, Brentwood, Cambridge, St Albans, and Harpenden—but also extends support to clients across London and throughout England and Wales. Our solicitors understand the local context and can offer personalised, tailored support for clients in high-net-worth and complex cases.
