Five mistakes couples make when drafting their own nuptial agreement

Nuptial agreements can provide clarity and reassurance, but only when they are carefully prepared. When couples attempt to draft their own documents, even with the best of intentions, certain recurring issues can leave the agreement vulnerable to challenge.

Five of the most common pitfalls

Relying on templates that are too general

Online templates rarely reflect a couple’s particular circumstances. They use broad, generic wording and often omit important provisions that are needed to protect specific assets or deal with future events. A court expects a document that is tailored to the parties’ personal and financial circumstances and demonstrates that each has considered its implications.

Inadequate financial disclosure

Material financial disclosure is essential. Self‑drafted agreements often include only limited or high‑level information about assets and income, or none at all. Without proper disclosure, enforceability of the agreement could be significantly reduced..

Preparing the agreement too close to the wedding

An agreement completed shortly before the ceremony may give rise to concerns about pressure or a lack of time for reflection. DIY agreements are often left until the last minute, which increases the risk of later challenge. A sensible timetable helps demonstrate that both parties entered the agreement freely.

Forgetting to obtain independent legal advice

Independent legal advice is one of the strongest indicators that both parties understood the implications of the agreement. DIY agreements frequently proceed without any advice, which weakens the document and raises concerns about fairness. Even when couples agree in principle, separate advice is essential so that each party understands the effect of the terms.

Failing to update the agreement as circumstances change

Relationships, finances and personal priorities evolve over time. An agreement drafted years earlier may not reflect the arrival of children, the development of a business, changes in wealth or new expectations. Agreements that are not reviewed periodically may cease to be fair, and therefore less likely to be upheld.

How we can help you avoid these pitfalls

We have significant experience in drafting and advising upon nuptial agreements and we provide clear, tailored advice to ensure that your agreement is both fair and robust. We understand the complexities that couples face when seeking to protect assets responsibly and transparently.

We can assist by:

• Preparing a bespoke agreement that accurately reflects your financial circumstances, priorities and long‑term aims.
• Ensuring full, clear and well‑structured financial disclosure, supported by properly drafted schedules.
• Managing the timeline to keep the process calm and orderly, ensuring the agreement is concluded well before the wedding date.
• Providing one party with independent legal advice that is clear, practical and focused on informed decision‑making, and recommending appropriate solicitors to provide advice to the other party, where required.
• Reviewing and updating existing agreements so that they continue to reflect changes in circumstances.

Expertise in protecting trusts, inherited wealth and pre‑acquired assets

Many clients come to us with concerns about assets that have been built up or preserved long before the relationship began. We have extensive experience advising on the effective protection of:

• Trust interests, including discretionary trusts, family trusts and complex trust structures. We work closely with clients and, where appropriate, trustees to ensure these interests are properly described and safeguarded within the agreement.
• Inherited wealth, whether already received or anticipated in future. We help clients frame the agreement in a way that recognises the distinct nature of inherited assets and the intention to preserve them.
• Pre‑acquired property and business interests, including family businesses, investment portfolios, property portfolios and shares. Our approach ensures that these assets are ring‑fenced in a clear and structured manner, reducing uncertainty and the scope for future disagreement.

Our aim is to ensure that your nuptial agreement is a clear, fair and effective document that reflects your intentions and protects what matters most to you.

We recognise that raising the subject of a nuptial agreement may feel delicate or suggest a lack of confidence in the relationship. In reality, a carefully considered discussion can strengthen communication between a couple and provide clarity about financial expectations for the future. Our focus is on creating a calm and transparent process that respects the couple’s priorities while producing a legally robust agreement.

If you would like to discuss further with a member of our highly experienced team, please contact our family team.