Thinking Ahead: How a Pre-Nuptial Agreement Can Offer Peace of Mind

No one enters into marriage expecting it to end. It is a time filled with love, excitement and plans for the future. But while a Pre-Nuptial Agreement may not seem like the most romantic conversation, it is often a sensible one. At francis george solicitor-advocate, we understand that planning for the future sometimes means considering uncomfortable possibilities, not because you expect the worst, but because you want to protect yourself and your partner fairly and thoughtfully.

What is a Pre-Nuptial Agreement?

A Pre-Nuptial Agreement is a legal document that sets out how assets will be divided if a marriage breaks down. Typically, it is used to help protect wealth that one or both parties acquired before the marriage. This could include property, business interests, family inheritance or assets intended for children from a previous relationship.

Far from a sign of mistrust, it can be a practical tool to provide clarity, avoid future disputes and ensure that both parties enter the marriage with full transparency and confidence.

Understanding Your Circumstances

Every couple is different, and every agreement should reflect that. At francis george solicitor-advocate, we take time to understand your individual circumstances and what matters most to you. Whether you are bringing significant assets into the marriage or simply want reassurance about your financial future, our experienced solicitors provide honest, compassionate advice throughout the process.

We know this conversation may feel delicate, particularly in the lead-up to a wedding. That is why our team in Witney and Swindon takes a calm, pragmatic and supportive approach, working with you to ensure the agreement is balanced, clear and legally sound.

Are Pre-Nups Legally Binding?

Pre-nuptial agreements are not automatically legally binding in England and Wales. However, courts are increasingly willing to uphold them, provided certain conditions are met. These include:

• Both parties receiving independent legal advice

• Full disclosure of assets

• The agreement being entered into voluntarily

• The agreement being signed in good time before the wedding

The Law Commission has recommended greater enforceability of such agreements in recent years, particularly when fairness is maintained and legal safeguards are in place (Law Commission, 2014).

Why Consider a Pre-Nup?

According to Resolution, the national family justice body, pre-nuptial agreements can reduce conflict if a marriage does break down, saving couples time, stress and significant legal costs in the long term (Resolution, 2022). For many, it is simply a way to ensure fairness and prevent misunderstandings later.

If you are considering a pre-nuptial agreement or simply want to explore your options, francis george solicitor-advocate is here to help. Our experienced family solicitors are ready to provide clear, practical advice with your best interests in mind.

To book a confidential consultation in Witney or Swindon, please contact our team today. We are here when you are ready.

References

Law Commission (2014) Matrimonial property, needs and agreements. [online] Available at: https://www.lawcom.gov.uk/project/matrimonial-property-needs-and-agreements/ [Accessed 5 Aug. 2025].

Resolution (2022) Pre-nuptial agreements. [online] Available at: https://resolution.org.uk/policy/pre-nuptial-agreements/ [Accessed 5 Aug. 2025].