In brief
Prenuptial agreements are not automatically legally binding in England and Wales, but courts will give them significant weight if they are properly prepared. The landmark Supreme Court case Radmacher v Granatino [2010] established that a prenup should be given effect if it was freely entered into with a full understanding of its implications, unless it would be unfair to do so. For a prenup to carry weight, both parties should receive independent legal advice, provide full financial disclosure, and sign the agreement voluntarily at least 28 days before the wedding.
The Law Commission has recommended making certain prenups fully binding, but this has not yet become law.
What is a prenuptial agreement?
A prenuptial agreement, often called a “prenup”, is a written agreement made between two people before they marry or enter a civil partnership. It sets out how assets, property, and finances should be divided if the relationship breaks down.
Prenups are commonly used to protect:
- Pre-marital assets – property, savings, or investments you owned before the relationship
- Inherited wealth – family money or heirlooms you want to keep separate
- Business interests – shares or ownership in a company you built before the marriage
- Pension rights – particularly relevant if one partner has a significantly larger pension
- Future expectations – such as anticipated inheritances or trust fund distributions
Far from being unromantic, a prenup is simply a practical conversation about finances before you marry. Many couples find that discussing money openly beforehand actually strengthens their relationship. If you are considering getting married, you may also want to understand the legal benefits of marriage and how a prenup fits alongside those protections.
Are prenups legally binding in the UK?
England and Wales
In England and Wales, prenuptial agreements are not automatically legally binding. There is no specific legislation that governs them. However, since the Supreme Court ruling in Radmacher v Granatino [2010] UKSC 42, courts will give a prenup “decisive weight” provided it was freely entered into by each party with a full appreciation of its implications, unless it would not be fair to hold the parties to it.
In practice, this means a well-drafted prenup is highly likely to be upheld by a court, but a judge always retains the discretion to depart from its terms if doing so is necessary to achieve a fair outcome.
What makes a prenup enforceable?
For a prenup to carry weight in court in England and Wales, it should meet the following requirements. Think of these as a checklist, the more boxes you tick, the stronger your agreement will be.
- Both parties received independent legal advice. Each person should have their own solicitor who explains the agreement and its implications. A prenuptial agreement solicitor can guide you through this process.
- Full financial disclosure was provided. Both parties must openly share details of their assets, debts, income, and financial commitments. If one party hides assets, the agreement may be set aside.
- The agreement was signed at least 21 to 28 days before the wedding. The Law Commission recommends a minimum of 28 days. Signing too close to the wedding date raises concerns about pressure and can weaken enforceability.
- Neither party was pressured into signing. The agreement must be entered into freely. If there is evidence of coercion, undue influence, or duress, the court is unlikely to uphold it.
- The terms are fair and reasonable. An agreement that leaves one party in financial hardship, or fails to make adequate provision for children, is far more likely to be challenged successfully.
- The agreement is properly drafted as a formal legal document. While there is no legal requirement for a specific format, a professionally drafted agreement carries far more weight than a DIY document.
What can a prenup cover?
A prenuptial agreement can address a wide range of financial matters, including:
- How property and the family home will be divided
- Protection of pre-marital assets and savings
- Ring-fencing inherited wealth or family gifts
- Division of business interests or company shares
- How spousal maintenance will be handled
- Allocation of debts and liabilities
- Pension arrangements on divorce
- What happens to jointly owned property
Prenups are particularly advisable for couples where one or both partners have significant assets, own a business, are entering a second marriage, have children from a previous relationship, or expect a substantial inheritance.
They are increasingly common generally as well as among couples involved in high net worth divorce situations.
What a prenup cannot cover
There are limits to what a prenup can include. Courts in England and Wales will not uphold provisions that:
- Determine child ‘custody’ or living arrangements – these are always decided based on the child’s best interests at the time
- Set child maintenance amounts – child support is calculated through the Child Maintenance Service or the court, regardless of any private agreement
- Include punitive or controlling clauses – terms that penalise one party for behaviour (such as infidelity) are unlikely to be enforceable
- Are fundamentally unfair – the court retains discretion to override any term that would leave one party in a position of real need
Can a prenup be overturned?
Yes. Even a well-drafted prenup can be set aside if the court considers it would produce an unfair outcome. Common reasons a court may depart from a prenup include:
- The needs of children – the welfare of any children of the family is the court’s first consideration
- Significant change in circumstances – for example, one party developing a serious illness or one partner giving up their career to care for children
- Non-disclosure of assets – if one party failed to declare the full extent of their wealth at the time the prenup was signed
- Lack of independent legal advice – if one or both parties did not have their own solicitor, particularly if there evidence one party did not have a full understanding
- Pressure or coercion – if there is evidence that one party felt forced to sign
- The agreement is very old – a prenup that has not been reviewed for many years may no longer be appropriate in current circumstances
For this reason, many solicitors recommend reviewing your prenup periodically, particularly after significant life events such as the birth of a child, a house purchase, or a major change in income. If circumstances have changed since your wedding, a postnuptial agreement can update the original terms.
Could the law change? The Law Commission Review
The Law Commission has long recommended reforming the law on prenuptial agreements. In 2014, it proposed introducing “Qualifying Nuptial Agreements”, a new category of prenup that would be fully binding if certain safeguards were met. Under those proposals, couples would be able to make enforceable agreements about their finances on divorce, although they would not be able to contract out of meeting each other’s financial needs or the needs of their children.
In December 2024, the Law Commission published a further Scoping Report on “Financial Remedies on Divorce and Dissolution.” The report found that stakeholders, primarily from the legal profession, largely favoured reform and welcomed the greater certainty it would bring.
In February 2025, prenuptial agreements were debated in the House of Lords, reflecting continued parliamentary interest in the issue.
However, as of March 2026, the government has not committed to implementing these recommendations. The current position remains that prenups carry significant but not automatic weight in England and Wales, and the court retains ultimate discretion.
Get expert advice on prenuptial agreements
If you are considering a prenuptial agreement, or you need advice about an existing one, our specialist family law solicitors can help. We offer a free initial 30-minute consultation to discuss your situation and explain your options clearly.
Call us on 0800 321 3832 for a free, no-obligation chat, or request a call back online at a time that suits you.
Frequently asked questions
How much does a prenup cost in the UK?
The cost of a prenuptial agreement in the UK typically ranges from around £625 to £2,000 per person, depending on the complexity of your finances and the solicitor you instruct. Both parties need their own solicitor. Given that a prenup can save tens of thousands in legal fees if the marriage breaks down, many couples consider it a worthwhile investment. Our price promise means you will always know your costs upfront.
Can you write your own prenup in the UK?
Technically, yes, there is no legal requirement for a solicitor to draft your prenup. However, a DIY prenup is far less likely to be upheld by a court. Without independent legal advice for both parties and proper legal drafting, the agreement may be challenged on multiple grounds. The cost of having a solicitor draft a prenup is modest compared to the cost of contested divorce settlements.
Do you need a prenup for a second marriage?
A prenup is not legally required for any marriage, but it is particularly advisable for second marriages. If you have assets from a previous relationship, children from a former partner, or have already been through the financial consequences of divorce, a prenup can provide valuable clarity and protection. It can also help protect any clean break order settlement achieved in a previous divorce.
What happens to a prenup when you divorce?
When you divorce, the terms of your prenup will be considered as part of the financial settlement. If both parties agree to follow the prenup, the terms can be formalised through a consent order, a legally binding court order that makes the agreement enforceable. If there is a dispute, a solicitor can advise on whether the prenup is likely to be upheld and explore negotiation options before resorting to court proceedings.
Are postnuptial agreements legally binding too?
Postnuptial agreements, made after the wedding rather than before, are treated in broadly the same way as prenups by the courts. They must meet the same requirements for enforceability: independent legal advice, full disclosure, freely entered, and fair terms. A postnuptial agreement can be useful if your circumstances have changed since your wedding or if you did not have a prenup in place. Find out more about postnuptial agreements.
What is the difference between a prenup and a postnup?
The only formal difference is timing. A prenuptial agreement is signed before the wedding, while a postnuptial agreement is signed after. Both serve the same purpose, setting out how finances should be divided if the relationship ends. Courts apply the same tests of fairness and enforceability to both types of agreement.
