Ideally, yes — each partner should have their own, separate lawyer for a prenup. You are not strictly required to by law, but independent legal advice for both of you is one of the single most powerful things you can do to help the agreement stand up if it is ever tested. It shows a court that each of you understood exactly what you were signing and did so freely — which heads off two of the most common ways prenups are challenged.
Why “independent” has to mean separate
The word that matters is independent. If you both used the same solicitor, neither of you would be getting genuinely independent advice, because one adviser cannot act in the best interests of two people whose financial interests may pull in opposite directions. That is a conflict of interest, and a solicitor is professionally required to decline it. Each partner having their own adviser removes any suggestion that one of you steered the other, and it directly answers the questions a court asks when deciding how much weight to give an agreement (see are prenups legally binding? and independent legal advice for a prenup).
What each partner’s adviser actually does
Independent advice is not a rubber stamp. A good adviser will:
- Explain in plain terms what rights you would otherwise have on divorce, and what the agreement changes.
- Check that full and frank financial disclosure has genuinely been exchanged, so you are agreeing with your eyes open.
- Flag anything that looks unfair or that a court might later refuse to uphold.
- Confirm you are signing freely and not under pressure or duress.
- Usually provide a short advice letter or certificate recording that advice was given — valuable evidence years down the line.
Is a lawyer strictly required?
No — there is no rule that a prenup is void without legal advice. But the leading case, Radmacher v Granatino, made clear that whether each party appreciated the implications of the agreement is central to how much weight it carries. The surest way to show that appreciation is that each of you took your own advice. Skipping it is one of the things that can weaken or undo an agreement, so while it is not a legal requirement, it is a safeguard well worth having.
Keeping the cost sensible
The good news is that “two lawyers” does not have to mean two large bills. You do not need two solicitors to draft the agreement from scratch. A common, sensible approach is to prepare the agreement online for a fixed fee, then have each partner take independent advice on the finished document. Because the drafting is already done, the adviser’s job is to review and advise rather than build from nothing — which costs a fraction of a full bespoke engagement (see how much a prenup costs, online prenup vs solicitor and solicitor prenup costs).
What if only one of us takes advice?
It is not fatal, but it is not ideal. If one partner has advice and the other does not, the partner without advice can later argue they did not fully understand what they signed — which is exactly the argument a prenup is meant to shut down. The stronger position is that both of you had the genuine opportunity to take advice, even if one chose, on full information, to keep it brief. What you should avoid is a situation where one side clearly never had the chance (see how to make a prenup fair).
Building advice into your timeline
One reason couples skimp on advice is that they leave it too late and then feel there is no time. The fix is simple: treat advice as a planned step, not an afterthought. Once the agreement is drafted, allow a few weeks for each of you to instruct an adviser, have the document reviewed, ask questions and sign. Starting soon after the engagement gives ample room for this without any rush (see how long a prenup takes and when to sign a prenup). A prenup that is reviewed calmly, well before the wedding, is far more robust than one where advice was squeezed into the final days — because a court looks closely at whether each partner had a genuine, unpressured opportunity to understand what they were signing (see duress and prenups).
Common misunderstandings about “needing a lawyer”
A few myths put couples off, and each is worth clearing up. The first is that two lawyers means two enormous bills; in reality, reviewing a finished document is a modest, contained job. The second is that having advice means the solicitor decides your terms; in fact you and your partner decide the terms, and the adviser simply makes sure you understand them. The third is that taking advice signals distrust; on the contrary, it protects both of you and is exactly what makes the agreement dependable if it is ever tested. And the fourth is that a prenup without advice is worthless — it is not automatically void, but it is markedly easier to challenge, which rather defeats the point of making one (see what makes a prenup invalid and common prenup myths).
A worked example of why separate advice matters
Imagine one partner owns a flat bought before the relationship, a growing business and a healthy pension, while the other has modest savings and a job they intend to pause to raise children. If a single solicitor advised them both, whose interests would that adviser be serving when the agreement proposed keeping the flat, the business and the pension entirely separate? The wealthier partner benefits from tight ring-fencing; the other partner needs to understand what they might be giving up. Only two separate advisers can each speak candidly for their own client. The partner pausing work, in particular, needs someone whose sole job is to ask whether the terms leave them adequately provided for if the marriage ends years later (see prenups and the stay-at-home parent and prenups and income disparity). That candour is precisely what a court looks for when weighing an agreement.
What to look for when choosing your adviser
Not every solicitor handles nuptial agreements regularly, so it is worth choosing someone with genuine family-law experience. A few practical pointers:
- Family-law focus. Look for a solicitor who advises on prenups and divorce finances routinely, not as an occasional sideline (see how to choose a prenup solicitor).
- A fixed quote for review. Ask upfront what it will cost to review and advise on a document that is already drafted, so there are no surprises.
- A written advice letter. Confirm they will provide a certificate or letter recording the advice given — that document is valuable evidence later.
- Independence. Each of you should instruct your own firm, not two solicitors from the same practice, to keep the advice genuinely separate.
Because you are asking each adviser to review rather than draft from scratch, the engagement is narrower and the cost is contained (see do you need a solicitor for a prenup?).
Does the same reasoning apply to a postnup?
Yes. A postnuptial agreement — made after the wedding rather than before — is judged on the same principles set out in Radmacher v Granatino, so separate independent advice helps it just as much. The same is true if you later update your agreement: each fresh version deserves its own round of advice. The principle is consistent across the life of any nuptial agreement — two people, two advisers, one clear record that each understood and freely agreed.
Do both partners need a lawyer for a prenup?
Strictly, the law does not say you each need a lawyer for a prenup — but in practice, independent legal advice for both partners is one of the strongest things you can do for the agreement. It shows a court that you each understood what you were signing and were not pressured, which heads off two of the most common challenges. Sharing one solicitor creates a conflict of interest, so “independent” really does mean a separate adviser each. The affordable route is to draft the document online and then take advice on the finished version.
Frequently asked questions
Can both partners use the same solicitor for a prenup?
No — that is a conflict of interest, so a solicitor should decline to advise both. You each need your own adviser (see independent legal advice for a prenup).
Is a lawyer legally required for a prenup?
Not strictly, but advice for both partners is strongly recommended because it is one of the factors that makes an agreement more likely to be upheld (see are prenups legally binding?).
How much does independent advice on a prenup cost?
Far less than full drafting — often a few hundred pounds per partner to review and advise on a document that is already prepared (see prenup costs).
What does the solicitor check when advising on a prenup?
That disclosure was full, the terms are fair, you understand your rights, and you are signing freely (see full and frank disclosure).
Can we make a prenup without any solicitor at all?
You can, but a DIY prenup with no advice is far more vulnerable to challenge, so at least having the finished document reviewed is a wise investment.
Does a postnup need independent advice too?
Yes — a postnup is judged on the same principles, so separate advice helps it just as much.
Create your prenuptial agreement online
UK Prenup lets couples in England & Wales create a clear, fair prenuptial agreement online from £199, with your document generated instantly as a PDF. See how it works or get started.
UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.