You might be tempted to go down the DIY route when it comes to prenuptial agreements. However, laws around prenups are complex, and a mistake could cost you dearly in the long run. Proceeding without a solicitor could create a prenuptial agreement that has a lack of clarity, with invalidation risks. Having a trusted solicitor by your side is invaluable, especially when it comes to something as important as safeguarding your future.

For peace of mind and a contact that will stand up in court, it's always recommended to consult a professional. Our experienced prenuptial agreement solicitors will help you create a document that's not just legally sound, but also tailored to your unique circumstances.

Lawyers fees for prenuptial agreements can vary. We're upfront about costs so you know what to expect. Let's break down the costs involved.

• Consultation fees: initially, you'll have a meeting with your prenuptial agreement lawyer to discuss your needs and what you hope to achieve with the agreement. This is generally billed either as a flat fee or on an hourly basis.
• Document drafting: this is the core of the service. The lawyer will draft the agreement, making sure all legal guidelines are met and your interests are safeguarded. Costs for this can vary widely depending on complexity.
• Review and revisions: once the draft is complete, both parties review the document, possibly with their own solicitors. Revisions may be necessary, which could result in additional fees.
• Notarisation: while not always necessary, some people opt to have the agreement notarised, which would be an additional charge.
• Unplanned complexities: if issues arise that complicate the agreement (like overseas assets or business ownership), additional legal work may be needed.
• Post-agreement changes: circumstances change. If you need to amend the agreement down the line, there will be additional costs involved.
• Future enforcement: while you hope never to use it, enforcing a prenuptial agreement could need further legal support. It's important to ask your solicitor about potential future costs should this happen.

It's hard to put a fixed price tag on lawyer fees for prenuptial agreements as it depends on your specific circumstances. However, consider it an investment in your future; a poorly drafted agreement could end up costing you far more in the long run. To find out how much it might cost for your agreement, you can arrange a free consultation with our prenuptial agreement solicitors.

In the UK, a prenup isn't automatically legally binding, but it's given considerable weight by the courts, provided it meets certain conditions, including:

• Freely entered into: both parties must voluntarily agree to the prenup, without any coercion or pressure.
• Full disclosure: each party must fully disclose their assets and liabilities. Hiding anything can render the agreement non-binding.
• Legal advice: it's highly advisable that both parties have independent legal advice. This makes the agreement more robust in court.
• Fairness: the agreement has to be fair to both parties, especially when it comes to financial provisions.
• Timing: the prenup should be finalised at least 21 days before the wedding to prevent claims of being rushed or pressured.

While the courts will consider these criteria, they'll also look at the current circumstances at the time of divorce. If significant changes have happened that make the prenup unfair, it will not be upheld.

There are limits to what can be included in a prenuptial agreement. Examples include:

• Child custody: decisions about child custody and child support can't usually be dictated by a prenup. Courts will always consider what’s in the best interests of the child at the time of the divorce, not what was agreed upon beforehand.
• Non-financial duties: you can't include provisions about non-financial aspects of your relationship, like household chores or frequency of visits to the in-laws.
• Illegal provisions: anything illegal or that encourages divorce will be automatically excluded.
• Personal preferences: outlining things like dietary habits or holiday choices usually won’t hold up in court.

Knowing what can and can't be included, and whether the agreement is legally binding, are good reasons to consult a prenuptial agreement lawyer. At Switalskis, we're experts in this field.

If you're already legally married, but you wish to have a prenup drawn up, there is another option called a postnuptial agreement. This is essentially the same as a prenuptial agreement but it can be made after entering a marriage.