Navigating pre-nuptial and post-nuptial agreements in 2025

As modern relationships become increasingly complex, family law practitioners are seeing a growing demand for advice and expertise in drafting pre-nuptial and post-nuptial agreements. Once perceived as tools only for the ultra-wealthy, these agreements are now being considered by a broader range of couples—whether entering marriage or civil partnership.

This webinar will explore how the law and best practices around nuptial agreements have developed, when and why they should be used, and the implications even when an agreement meets the standards set by Radmacher v Granatino. We’ll also examine the court’s discretion and the nuances that can influence enforceability.

Topics covered include:

• The growing use of and importance of nuptial agreements
• What is the impact of Radmacher v. Granatino [2010] UKSC 42? What principles emerge from this case?
• Are pre-nuptial agreements binding, and what are the benefits of such agreements?
• Nuptial agreements and meeting needs – Consideration of Ipekci v McConnell 2019 EWFC 19 and Robson v. Robson 2010 EWCA Civ 1171
• Distinction between marital and non-marital property – WX v HX (Treatment of Matrimonial and Non- Matrimonial Property) 2021 EWHC 241 (Fam)
• Impact of WC v HC 2022 EWFC 22 – undue influence and impact upon a pre-nuptial and post-nuptial agreement
• Non – material disclosure in negotiating the pre – nuptial agreement.
• What about future inheritance? Can this be taken into account? Consideration of Alireza v Radwan and Others 2017 EWCA Civ 1545
• Continuing use of Pre- nuptial Agreements  – Consideration of Helliwell v Entwistle 2024 EWHC 740 (Fam)
• Drafting and Pre- nuptial agreements – Loh v Loh-Gronager [2024] EWFC 241