Prenuptial Agreement

Are Prenups Legally Binding in the UK?

Prenuptial agreements are not automatically legally binding in England and Wales — unlike in many other countries. However, since the Supreme Court decision in Radmacher v Granatino [2010], the courts give prenups decisive weight provided they meet certain conditions. The court held that a prenuptial agreement should be given effect unless it would be unfair to hold the parties to it in the circumstances prevailing at the time of divorce.

For a prenup to carry weight with the court, several conditions should be met. Both parties must have received independent legal advice before signing. There must be full financial disclosure by both parties — each person must know what the other owns and earns. The agreement must be entered into freely, without undue pressure or duress. It should be signed at least 28 days before the wedding (the longer the better). Both parties must understand the terms and their implications. And the agreement must not leave either party in a position of real need.

Even a well-drafted prenup may be set aside or varied if circumstances have changed significantly since it was signed — for example, if children have been born (the court always prioritises children's needs), if one party has become seriously ill or disabled, if there has been a dramatic change in financial circumstances, or if a significant period of time has passed and the agreement no longer reflects reality.

The Law Commission recommended in 2014 that prenups should be made binding by statute, but this recommendation has not yet been implemented. In practice, however, courts almost always uphold properly drafted prenups where both parties were fairly represented and the terms are reasonable.

Who Should Consider a Prenup?

Prenuptial agreements are not just for the wealthy. They are increasingly common among ordinary couples who want clarity and certainty about what would happen to their assets if the marriage were to end. Situations where a prenup is particularly valuable include when one party is bringing significantly more assets or wealth into the marriage, when one or both parties have children from a previous relationship and want to protect their inheritance, when one party owns a business and wants to ring-fence it from matrimonial claims, when there is inherited wealth or family money that you want to keep separate, and when one party has significant debts that the other does not want to be responsible for.

A prenup can also be useful when both parties are on roughly equal financial footing. It allows you to agree in advance how property, savings, and pensions would be divided, avoiding the uncertainty and expense of arguing about it later. Couples who have lived together before marriage often use prenups to record what each person brought into the relationship.

It is important to approach the conversation sensitively. Suggesting a prenup does not mean you expect the marriage to fail. It is a practical financial planning tool, similar to taking out insurance. Many couples find that discussing finances openly before marriage actually strengthens their relationship by addressing potential areas of disagreement early on.

If you are entering a second marriage, a prenup is particularly important. You may have assets, pensions, and property from your first marriage that you want to protect. You may also want to ensure that your children from your first marriage are provided for in your will, without the risk of a future divorce claim eroding their inheritance.

What Should a Prenup Include?

A comprehensive prenup should cover all significant financial matters. It typically starts with a schedule of each party's assets at the date of the agreement — property, savings, investments, pensions, business interests, and debts. This provides a clear snapshot of what each person is bringing into the marriage.

The main body of the agreement sets out what should happen to these assets if the marriage ends. Common provisions include keeping pre-marital assets separate (each person retains what they brought in), specifying how the family home should be dealt with (particularly if one party contributed more to the purchase), protecting business interests from division, ring-fencing inherited wealth or family gifts, and setting out how assets acquired during the marriage should be divided.

A prenup can also address maintenance (spousal support) payments, though the court retains discretion over maintenance and may override the agreement if one party would otherwise be left in need. It is generally advisable to include some provision for maintenance, even if it is time-limited, to reduce the risk of the court setting the agreement aside.

There are certain things a prenup cannot cover. It cannot make binding provisions about children — the court always retains the power to make decisions about children's welfare. It should not attempt to regulate behaviour during the marriage (so-called "lifestyle clauses" about weight, housework, or social media are not enforceable and can undermine the credibility of the whole agreement). Focus on financial matters, and keep the provisions fair and reasonable.

How Much Does a Prenup Cost?

The cost of a prenuptial agreement depends on the complexity of the couple's financial situation and the amount of negotiation required. For a straightforward prenup where both parties broadly agree on the terms, expect to pay £500 to £1,000 per person in solicitor fees. Each party must have their own independent solicitor, so the total cost for the couple is typically £1,000 to £2,000.

For more complex situations involving business interests, overseas assets, trusts, or significant wealth, the cost can rise to £1,500 to £3,000 per person. If there is significant negotiation between the two solicitors about the terms, this adds to the cost. The most complex prenups, involving multiple jurisdictions or high-value estates, can cost £5,000 or more per person.

Both parties must make full financial disclosure, which may involve obtaining valuations of property, business interests, and pensions. Property valuations typically cost £200 to £500, business valuations can cost £1,000 to £5,000, and pension valuations (known as Cash Equivalent Transfer Values or CETVs) are usually available free from the pension provider.

While the cost may seem significant, it is a fraction of the cost of arguing about finances during a divorce. Contested financial proceedings in a divorce typically cost £5,000 to £30,000 per person and take 12 to 18 months. A prenup provides clarity and certainty at a fraction of that cost and stress.

The Process of Getting a Prenup

Start the process as early as possible — ideally 3 to 6 months before the wedding. The agreement should be signed at least 28 days before the wedding, and the longer the gap between signing and the wedding, the stronger the argument that there was no pressure or duress.

The first step is for each party to instruct their own solicitor. You cannot use the same solicitor, as each party needs independent advice. Your solicitor will discuss your financial situation, your concerns, and what you want the prenup to achieve. They will then draft the agreement or review a draft produced by the other party's solicitor.

Both parties must provide full and frank financial disclosure. This means listing all assets, income, debts, and financial expectations (such as anticipated inheritances). Your solicitor will prepare a schedule of assets that is attached to the prenup. Failure to disclose material assets can undermine the entire agreement.

The two solicitors negotiate the terms until both parties are satisfied. Your solicitor will explain the effect of each provision and ensure you understand what you are agreeing to. Once the terms are finalised, both parties sign the agreement, and each solicitor provides a certificate confirming that they have given independent legal advice.

Remember that a prenup is not set in stone. If your circumstances change significantly during the marriage (for example, the birth of children or a major change in financial circumstances), you should review and update the agreement. You can enter into a postnuptial agreement (made after marriage) that updates the terms. Postnuptial agreements carry broadly the same weight as prenups.