Prenups for Couples: One Lawyer, Clear Choices, Peace of Mind
January is often seen as the busiest month for family lawyers, as time spent together over the holidays leads some couples to conclude their marriage has run its course. Yet Christmas and New Year are just as often a time of romance, with many couples choosing this moment to commit to marriage.
There has been a clear cultural shift over recent decades with couple marrying in their 30’s being the most common age to wed. At this age it is now much more likely that both parties will have built up wealth prior to marriage. As such, nuptial agreements are no longer the preserve of celebrities or the very wealthy. Increasingly, couples across England and Wales are choosing to make clear, proactive decisions about their financial futures, before or after marriage, through professionally drafted nuptial agreements. At the same time, innovative processes like One Couple. One Lawyer are transforming how those agreements are negotiated — making them sensible, respectful, and collaborative rather than adversarial.
What is a Nuptial Agreement in English Law?
A nuptial agreement (whether entered into before marriage — a “pre-nup” — or during marriage — a “post-nup”) is a written contract that sets out how a couple intends their financial assets and responsibilities to be dealt with if the relationship later breaks down.
Under English law:
- Nuptial agreements are not automatically legally binding in the same way as other contracts.
- But since the Supreme Court’s landmark Radmacher v Granatino decision, courts will give effect to a nuptial agreement when certain conditions are met — voluntarily entered into, with full disclosure and fair terms — unless it would be unfair to uphold it at the time of divorce.
The practical outcome is that a well-negotiated and properly documented agreement will carry significant weight in court and often becomes the framework the court adopts when approving a financial settlement on divorce.
Why Couples Choose Nuptial Agreements
People enter into nuptial agreements for many reasons, including:
- Protecting assets brought into the marriage (e.g., family property, business interests).
- Ensuring inheritance provision for children from prior relationships.
- Clarifying rights and responsibilities early, helping minimises emotional and financial stress if the relationship later ends.
- Encouraging candid financial discussions, which can strengthen mutual understanding and trust.
Key Legal Safeguards that Make Them Work
For a nuptial agreement to carry weight in court, it should satisfy core safeguards:
- Free and informed consent: Both parties enter into the agreement voluntarily, with time to consider the terms.
- Full financial disclosure: Each person must know the full picture — assets, liabilities and future prospects.
- Fairness and reasonableness: The agreement must not leave one party unable to meet their reasonable needs.
- Independent advice: Both parties should have the opportunity to take independent legal advice (even where a joint process is used).
The Problem with Traditional Positional Negotiation
Under the traditional model, each person instructs their own solicitor from the outset. Even where a couple is broadly aligned, the structure itself creates separation:
- advice is given individually and privately;
- proposals are exchanged through letters or emails;
- language can become defensive and strategic;
- costs increase with every round of correspondence.
This approach can be appropriate where there is mistrust, imbalance or conflict. Although the pertinent question in these scenarios is whether marriage is an appropriate step. But for couples who are fundamentally seeking agreement, it often creates friction where none previously existed.
Positional negotiations can:
- harden attitudes unnecessarily;
- delay agreement;
- inflate legal costs disproportionately to complexity; and
- undermine the collaborative intent behind the agreement.
What One Couple. One Lawyer Does Differently
One Couple. One Lawyer starts from a different premise:
that many couples want clarity, not confrontation.
Traditionally, each person instructs their own solicitor to negotiate a nuptial agreement. One Couple. One Lawyer takes a different approach: one accredited family lawyer works with both partners together to guide the process — explaining the law, facilitating discussions, and drafting terms that reflect both parties’ intentions.
This model works when:
- both partners are willing to engage openly and respectfully;
- there is a commitment to full financial disclosure together; and
- neither party is under coercion or significant imbalance of power.
Why This Works Especially Well for Nuptial Agreements
Nuptial agreements are not about winning or losing. They are about:
- managing risk;
- protecting pre-existing assets or family wealth;
- planning for future change; and
- avoiding uncertainty if a relationship later ends.
One Couple. One Lawyer is particularly well suited to this because it:
- keeps discussions forward-looking rather than retrospective;
- allows both partners to hear the same advice at the same time;
- reduces misunderstandings about what the law does — and does not — allow;
- encourages practical, proportionate decision-making.
Importantly, it also creates a clear evidential trail that the agreement was entered into knowingly, voluntarily and with proper understanding — all factors that increase the likelihood of it being upheld.
But What About Separate Legal Advice?
Separate advice remains essential. The key difference is when and how that advice is taken.
Under One Couple. One Lawyer:
- joint work is done first, efficiently and transparently;
- the structure and rationale of the agreement are clear;
- The agreement is drafted together to ensure the terms work for both parties equally.
Instead of two lawyers negotiating from scratch, each adviser is reviewing a near-final document/ set of proposals and advising on its implications.
This dramatically reduces:
- duplication of work;
- unnecessary correspondence; and
- the scope for positional escalation.
Why This Is Still Much Cheaper Overall
Clients are often surprised to learn that even with separate advice, One Couple. One Lawyer usually costs significantly less than the traditional method.
That is because:
- there is only one lawyer doing the core drafting and legal analysis;
- meetings are joint rather than duplicated;
- negotiations happen in real time, not by letter;
- disputes are addressed early, not allowed to fester.
Traditional positional negotiation often generates cost through process rather than substance. One Couple. One Lawyer strips that away.
The result is not “cheap law” — it is proportionate law.
The Bottom Line
A well-drafted nuptial agreement is one that is:
- understood by both parties;
- entered into freely;
- fair in outcome; and
- proportionate in cost.
For the right couples, One Couple. One Lawyer delivers exactly that — with the option of separate advice where needed, and without the financial and emotional drain of traditional positional methods.
Please contact Rachel Jaysan at rachel@rachel.jaysan.co.uk or 020 8958 2073 or book an initial exploratory chat using the following link to discuss your options
