One question comes up again and again: do you really need a solicitor for a prenup? Legally, advice is not compulsory – but taking independent legal advice is one of the most powerful things you can do to make sure a court gives your agreement weight. It is the safeguard that most directly answers the two commonest attacks on a prenup: “I did not understand what I was signing” and “I was pressured into it”.
This guide explains why the word “independent” is doing so much work, what the advice actually involves, and how to get proper advice without paying for a full bespoke drafting exercise.
Why “independent” is the key word
Independent means each partner gets advice from their own solicitor – not the same one, and not the solicitor who drafted the agreement for the other partner. That matters because it shows neither of you was leaning on the other’s lawyer, and that you each understood the agreement and its consequences before signing. A single solicitor cannot advise both of you, because your interests may not align – one partner is often giving up more than the other, and each needs someone looking after their side. See do both partners need a lawyer? and do you need a solicitor for a prenup?
Why advice makes a prenup stronger
Independent advice feeds straight into the Radmacher test. That test asks whether each partner entered the agreement freely and with a full appreciation of its implications (see Radmacher explained). A solicitor’s advice – and their written confirmation that it was given – is powerful evidence of exactly that. It closes off two of the main grounds on which agreements are overturned: lack of understanding and duress (see duress and prenups).
What the advice involves
When a partner takes independent advice, the solicitor will typically:
- Explain what the partner is giving up and gaining under the agreement.
- Check that financial disclosure has been exchanged and looks complete.
- Assess whether the terms are fair and whether they meet the partner’s needs.
- Flag anything that could weaken the agreement or leave the partner exposed.
- Confirm in writing that advice was given – often in a certificate or letter appended to the agreement.
That written confirmation is valuable evidence if the agreement is ever questioned, and it is one of the things that separates a robust agreement from a shaky one. It also links closely to what to do if you are asked to sign a prenup.
Keeping the cost sensible
Full bespoke drafting by two solicitors, with negotiation back and forth, is where traditional prenup costs climb into four figures per side (see how much a prenup costs and solicitor prenup costs). A common, sensible middle path is to prepare a professionally structured agreement first – for example online for a fixed fee – and then have each partner take independent advice on the finished document. Because the drafting is already done, the solicitor’s job is to advise rather than build from scratch, which costs a fraction of a full engagement while still ticking the independent-advice box.
| Approach | Independent advice? | Typical cost |
|---|---|---|
| Online agreement only | Optional add-on | From £199 |
| Online draft + advice on the finished document | Yes, both partners | £199 + a few hundred pounds each |
| Full solicitor-drafted, both sides | Yes, both partners | Four figures per side |
Is legal advice ever going to be compulsory?
Possibly. The Law Commission’s proposed qualifying nuptial agreements would make independent legal advice a formal condition of a binding agreement. That reform is not yet law, but it tells you how central advice is to the direction of travel – taking it now future-proofs your agreement.
The bottom line
You can make a prenup without legal advice, but you should not want to. It is a modest extra cost that removes one of the main reasons agreements get set aside, gives both partners confidence they understand the deal, and is one of the steps a future law would likely make compulsory. For most couples it is the single best-value thing they can add to an agreement they have already drafted.
What to bring to your advice appointment
You will get more from the advice – and keep the cost down – if you arrive prepared. It helps to have:
- The draft agreement you intend to sign.
- Both partners’ financial disclosure or disclosure schedule, so the solicitor can judge fairness against the full picture.
- A note of what matters most to you – a business, a property, an inheritance – and any concerns about the terms.
- Your wedding date, so the solicitor can confirm you are signing in good time.
With those to hand, a single focused appointment is often enough to advise on a finished document and provide the written confirmation that makes the agreement more robust.
What happens if only one partner takes advice
A frequent scenario is that the wealthier partner – the one keenest to have a prenup – instructs a solicitor, while the other signs without their own advice to save money or time. This is exactly the imbalance the courts are alert to. If the partner who went unadvised later says they did not understand what they were giving up, the agreement is badly exposed, because there is no independent record that they grasped the deal. In Ipekçi v McConnell the lack of effective independent advice on one side was a central reason the agreement was given no weight. The irony is that the partner who wanted the prenup most is the one most let down by cutting this corner: skimping on advice for the other side is what makes their own protection fragile. If your partner is reluctant to spend on advice, it is usually worth offering to contribute to the cost – a few hundred pounds is cheap insurance for an agreement you are relying on (see do both partners need a lawyer?).
How to find and choose a solicitor
For independent advice you want a solicitor who does family-law financial work and is comfortable advising on nuptial agreements – not a generalist who touches them once a year. A few pointers help:
- Ask about fixed fees. Advice on a finished document is a contained piece of work, so many firms will quote a fixed price rather than open-ended hourly rates (see choosing a prenup solicitor).
- Use different firms. The two of you cannot use the same solicitor, and ideally not the same firm, so that each adviser is plainly independent.
- Check they will provide a certificate. The written confirmation that advice was given is the evidence that makes the agreement stronger.
- Book early. Solicitors get booked up, and leaving advice to the last minute reintroduces the very timing pressure you are trying to avoid.
For a sense of what this costs relative to full drafting, see solicitor prenup costs and the wider cost of a prenup.
Independent legal advice for a prenup: what it adds
Independent legal advice for a prenup – each partner with their own solicitor – adds the one thing a court most wants to see: proof that both partners understood the agreement and were not pressured. It directly answers the two biggest challenges (“I did not understand it” and “I was forced into it”). You can keep the cost down by drafting the agreement first and paying only for advice on the finished document.
What the Supreme Court and the Law Commission each said about advice
The law does not require you to have a lawyer, and it is worth being accurate about that. In Radmacher the Supreme Court treated independent legal advice not as a precondition but as one of the matters relevant to whether each party had entered into the agreement with a full appreciation of its implications. An agreement made without advice is not automatically disregarded. It is simply much easier for the other side to argue, years later, that they did not understand what they were signing, and much harder for you to prove that they did.
The Law Commission went further. Chapter 6 of its 2014 report on marital agreements recommended that, for an agreement to qualify for the stronger treatment it proposed, each party should have received legal advice at the time it was made. That proposal has not become law, but it tells you where the standard sits: advice for both partners is what a properly made agreement looks like.
"Independent" is the operative word. A solicitor cannot act for both of you on a document in which your interests are, by definition, opposed, and advice given to one partner in the presence of the other, or paid for and chosen by the other, will be questioned. Each of you needs your own adviser, chosen by you, advising you alone. The cost of that is small next to the cost of an agreement that fails when it is needed.
Independent legal advice: FAQs
Is legal advice required for a prenup?
Not strictly, but strongly recommended – and it would be required under the proposed reforms (see do both partners need their own lawyer?).
Can we use the same solicitor?
No – advice must be independent, so each partner needs their own (see do you need a solicitor?).
What does a solicitor check when advising on a prenup?
Disclosure, fairness, whether your needs are met, and anything that could weaken the agreement – then they confirm the advice in writing.
How much does independent advice on a prenup cost?
Advice on a finished document is usually a few hundred pounds per partner – far less than full drafting (see prenup costs).
Does the advice have to be recorded?
It is best practice for the solicitor to confirm in writing that advice was given – that certificate, kept with the signed agreement and disclosure, is strong evidence of a full appreciation if the prenup is later questioned.
What if my partner refuses to take advice?
You can still make the agreement, but it is weaker without advice on both sides – and their refusal is worth understanding (see what if a partner will not sign?).
Can the same firm advise both of us if we see different solicitors there?
Better not to – using separate firms puts the independence of the advice beyond doubt (see choosing a solicitor).
When should we get advice – before or after drafting?
A common, cost-effective route is to draft the agreement first and then take advice on the finished document, but leave enough time to make changes and still sign well before the wedding.
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.