The Rise of Prenuptial Agreements in England and Wales

Once seen as something only for the very wealthy, prenuptial agreements have steadily become more mainstream. More couples now see a “prenup” as a sensible way to plan for their financial future, much like making a Will or taking out life insurance.

If you are considering a prenup, it is important to understand what an agreement can and cannot do, and how the courts in England and Wales will treat it if your marriage later comes to an end.

What is a prenuptial agreement?

A prenuptial agreement is a written agreement made by a couple before they marry. It sets out how they intend to divide their assets and finances if their marriage later breaks down.

A postnuptial agreement works in much the same way but is signed after the wedding. The courts treat the two in broadly the same way, so the principles explained below apply to both. Civil partners can also make equivalent agreements.

It is important to note that this article covers the law in England and Wales only. The law in Scotland and Northern Ireland is different, and the reforms discussed below would not apply there.

Are prenuptial agreements legally binding?

A prenuptial agreement is not automatically legally binding in England and Wales. If a marriage ends, the court still has the overall discretion to decide how the couple’s finances should be divided, taking into account the factors set out in section 25 of the Matrimonial Causes Act 1973. A prenup cannot take that discretion away from the court.

That does not mean a prenup has no legal weight. Following the Supreme Court’s decision in Radmacher v Granatino in 2010, the courts will give effect to an agreement that both people entered into freely, with each understanding its implications, unless it would be unfair in the circumstances to hold them to it.

In practice, this means a properly prepared prenuptial agreement can carry significant weight and will often be the starting point when a court considers a financial settlement.

What makes a prenuptial agreement more likely to be upheld?

How a prenup is prepared can make a significant difference to the weight a court gives it. While there is no rigid statutory checklist, there are several important points that courts will consider, and that require good practice:

• Both people should enter into the agreement freely and without pressure.
   
• Each person should receive independent legal advice from their own solicitor so they understand what they are agreeing to and the implications of signing it.
   
• Both people should provide full and honest disclosure of their assets, income and debts. An agreement based on incomplete or hidden financial information may be open to challenge.

The agreement should also be prepared well before the wedding, rather than presented to one person at the last minute. If a wedding is imminent, it can be harder to show that the agreement was entered into freely and without pressure.

You may see advice that a prenup should be signed “at least 28 days before the wedding”. Under the current law, this is not a fixed legal requirement, but it is sensible guidance. It also forms part of the reforms currently being considered, which we’ll expand on further later in this article.

What can and can’t a prenup do?

A prenuptial agreement can help couples decide in advance how different assets should be treated if their marriage comes to an end.

For example, you may want to use a prenup to protect the wealth you built up before the marriage, keep an inheritance or family gift separate, set out how a family business should be treated or provide clarity about what each of you is bringing into the relationship.

For couples marrying later in life or entering a second marriage, a prenup can also help ring-fence assets they intend to leave to children from an earlier relationship.

However, a prenup has clear limits. An agreement cannot override the court’s duty to meet the basic financial needs of either spouse or, importantly, any children.

A prenup also cannot dictate arrangements for children, as these will always be decided according to the child’s best interests. Nor can it be used to enforce personal or lifestyle conditions about how a couple should conduct their marriage.
Why are more couples considering prenups?

One reason is that people are marrying later in life, often after they have already built up property, savings, pensions or businesses. A prenup can clarify what should happen to those assets if the relationship later ends.

Second marriages and blended families are another common reason. Couples may want to protect assets they have already built up or preserve wealth for children from a previous relationship.

Could the law on prenuptial agreements change?

The law in this area may be changing, but it is important to distinguish between what has been proposed and what the law says today.

In June 2026, the government published a consultation, A Fairer End to Relationships, which proposes introducing legally binding “qualifying nuptial agreements”.

Under the model being considered, an agreement that meets certain safeguards would be binding on the court rather than simply influencing its decision. These safeguards would include making the agreement a deed, signing it at least 28 days before the wedding, providing financial disclosure, and ensuring both people receive independent legal advice.

Even under the proposed system, couples would not be able to use an agreement to avoid meeting each other’s financial needs or the needs of their children.

These changes are only proposals and are not currently law.

Any changes would require the government to introduce legislation, which could take time and may ultimately differ from the proposals currently being considered.

For now, the existing law remains unchanged: prenuptial agreements can carry significant weight, but they are not automatically legally binding.

Thinking about a prenuptial agreement?

A prenuptial agreement can provide valuable clarity and reassurance about your financial arrangements, but it is important to get it right. An agreement that is poorly drafted, rushed or based on incomplete financial information may carry less weight if it is ever needed.

If you are considering a prenup or postnuptial agreement, our Family Law team can talk you through your options, explain how the current law applies to your circumstances and help you put an agreement in place that gives it the best chance of being upheld.

Contact our Family Law team today on 023 8063 9311 or email enquiries@warnergoodman.co.uk.