Prenuptial agreements: protect the mahr and what you each bring

What a prenuptial agreement is

A prenuptial agreement is a written agreement you both sign before your marriage. It records the mahr, the property each of you brings, and how your money and property should be treated if the marriage ever ends.

A postnuptial agreement does the same after you are married. It can record a mahr that was never written down, or update what you agreed.

Why it matters for Muslims

• It protects the mahr. The amount, and when it is due, are written down clearly, so an English court can take them into account.
• It protects what each of you brings. A home, a business, savings or family wealth can be identified and protected, for the husband and for the wife.
• It makes registering the marriage easier. Some men avoid a civil marriage because they fear English law will divide everything. A prenuptial agreement lets you register your marriage, which protects the wife in law, while agreeing fair terms in advance.
• It is true to your faith. Recording the mahr and agreeing conditions in the marriage contract are long-established in Islam. Our scholar checks every term.

How English law treats it

A prenuptial agreement is not automatically binding in England and Wales, but courts usually follow one that is fair. Since the Supreme Court’s decision in Radmacher v Granatino (2010), a court will generally give effect to an agreement that both people entered freely and fully understood, unless holding them to it would be unfair.

An agreement is much more likely to be followed when:

• each of you has independent legal advice;
• each of you fully discloses your finances;
• it is signed well before the wedding, ideally at least 28 days;
• it meets the needs of both of you and of any children.

We prepare every agreement with these points in mind, so it stands the best chance of being followed.

How we prepare it

1. Tell us what you need. Send a short request or call us. We explain the process and the fee before anything starts.
2. Our scholar checks the Islamic terms. The mahr and any conditions are reviewed against Islamic principles and your school of fiqh.
3. Our solicitor drafts the agreement. It is written to carry weight under the law of England and Wales.
4. Each of you gets independent advice. Our partner solicitors can act for only one of you; the other must take advice from a different solicitor, which we can help you find. Separate legal advice for each person is what makes an agreement strong.
5. It is signed and issued. You both sign it as a deed in front of a witness, and each of you receives a signed copy.

Married by nikah only?

If your marriage is not registered in English law, a prenuptial agreement works differently. A property agreement can still protect what each of you owns, and we can help you register your marriage so that both of you are protected in law.

Questions