Talking about money before a wedding isn’t the most romantic item on the to-do list, but a prenuptial agreement can be one of the most protective things a couple does for each other — clarifying expectations, protecting what each person brings into the marriage, and reducing the risk of a bitter, expensive dispute if things don’t work out.
In England and Wales, prenups occupy an unusual legal position: not automatically binding, but taken very seriously by the courts when done properly. And 2026 is a significant year for this area of law, with a government consultation underway that could change that position for good.
Not legal advice. This article is for general information only. Prenuptial agreements involve individual financial and legal circumstances — speak to a family law solicitor before drafting or signing one.
What Is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a written agreement made by a couple before marriage or civil partnership, setting out how their assets, property, income, and debts should be divided if the relationship ends. It can cover:
- Property owned before the marriage (and how any increase in value should be treated)
- Inherited assets or family wealth
- Business interests
- Savings, pensions, and investments
- Debts each party brings into the marriage
- Arrangements for children from a previous relationship
A postnuptial agreement covers the same ground but is signed after the wedding — often used by couples who didn’t have time to finalise a prenup, or who want to formalise arrangements later in the marriage.
Are Prenuptial Agreements Legally Binding in the UK?
Not automatically — but they carry real weight. Since the landmark Supreme Court case Radmacher v Granatino (2010), courts in England and Wales will generally uphold a prenuptial agreement that was:
- Freely entered into by both parties
- Made with a full appreciation of its implications
- Not unfair to hold the parties to it, given the circumstances at the time of divorce
The court still has the final say and retains discretion under the Matrimonial Causes Act 1973 — a prenup cannot override a spouse’s or child’s basic financial needs. But a well-drafted agreement that meets recognised good practice is usually followed closely by the courts.
What Makes a Prenup More Likely to Be Upheld
- Full and honest financial disclosure from both parties
- Independent legal advice for each person, from separate solicitors
- No undue pressure or duress — rushed, last-minute agreements are more vulnerable to challenge
- Signed well before the wedding — most solicitors recommend at least 28 days beforehand
- Fair at the time of signing, and reasonably foreseeable in light of future circumstances
- Provision for children’s needs — a prenup can’t be used to leave children without adequate provision
The 2026 Reform: Qualifying Nuptial Agreements
On 5 June 2026, the Ministry of Justice launched a consultation, A Fairer End to Relationships, proposing significant reform to how finances are handled on divorce — including a new legal category called Qualifying Nuptial Agreements (QNAs).
Under the proposal, a QNA that meets specific statutory safeguards would become legally enforceable as a contract, rather than simply carrying persuasive weight with the court. The proposed safeguards include:
- Full financial disclosure by both parties
- Independent legal advice taken by each person
- Execution as a deed
- A prohibition on agreements signed shortly before the wedding
- A rule that couples cannot contract out of meeting each other’s (and their children’s) basic needs
This builds on recommendations first made by the Law Commission in 2014, which called for qualifying nuptial agreements to be introduced but were never legislated on. As of August 2026, this remains a proposal, not law — the consultation is part of a wider review of financial remedies on divorce, with final legislation not expected before 2027. Until any reform is enacted, the Radmacher framework continues to govern how prenups are treated by the courts.
What this means if you’re planning a prenup now: draft it as if it needs to meet the highest bar — full disclosure, independent advice, signed in good time, fair to both parties — so that whether it’s assessed under today’s persuasive-weight test or a future QNA framework, it stands the best chance of being upheld.
Who Should Consider a Prenuptial Agreement?
Prenups are often associated with high-net-worth individuals, but they’re increasingly used more broadly, including where:
- One or both partners have significant savings, property, or a business built up before the marriage
- One party has children from a previous relationship and wants to protect their inheritance
- Either partner expects to receive a significant inheritance or gift during the marriage
- One partner is entering a second marriage and wants to ring-fence existing assets
- There’s a significant difference in wealth or earning potential between partners
- International assets or cross-border considerations are involved
What Happens Without a Prenup?
Without an agreement, the division of assets on divorce is decided by the court under Section 25 of the Matrimonial Causes Act 1973, which considers factors including both parties’ needs, the length of the marriage, contributions made by each party, and the welfare of any children. This gives the court broad discretion — which is exactly the uncertainty a prenup is designed to reduce.
How to Draft a Prenuptial Agreement
- Start early. Begin the conversation and instruct a solicitor well before the wedding — rushing the process undermines the agreement’s strength.
- Exchange full financial disclosure. Both parties should set out assets, debts, income, and pensions clearly and honestly.
- Get independent legal advice. Each party needs their own solicitor — one solicitor cannot advise both people.
- Negotiate the terms. This typically covers what happens to pre-marital assets, how new assets acquired during the marriage will be treated, and provisions for children.
- Sign the agreement as a deed, ideally at least a month before the wedding.
- Review periodically. Many couples review or update their agreement after major life events — having a child, a significant change in wealth, or a house purchase.
Frequently Asked Questions
Is a prenuptial agreement legally binding in the UK?
Not automatically. Courts in England and Wales aren’t required to enforce a prenup, but since Radmacher v Granatino (2010), a properly prepared agreement is given significant weight and is usually upheld unless it would be unfair to do so.
Will prenups become fully binding in 2026?
Not yet. A government consultation launched in June 2026 proposes “Qualifying Nuptial Agreements” that courts would be required to uphold if certain safeguards are met, but this is only a proposal — final legislation isn’t expected before 2027.
How much does a prenuptial agreement cost?
Costs vary depending on the complexity of your finances and whether the agreement is contested. Because each party needs independent legal advice from a separate solicitor, factor in fees for two sets of legal advice rather than one.
When should we sign a prenuptial agreement?
As early as possible, and ideally at least 28 days before the wedding. Agreements signed at the last minute are more vulnerable to being challenged on the grounds of pressure or insufficient time to consider the terms.
Can a prenup cover children’s needs?
No — a prenuptial agreement cannot be used to deprive a child of adequate financial provision. Courts will look beyond the agreement to protect children’s basic needs regardless of what the agreement says.
What’s the difference between a prenup and a postnup?
A prenuptial agreement is signed before the wedding; a postnuptial agreement covers the same ground but is signed afterwards. Both are treated similarly by the courts in terms of the weight they’re given.
Do both partners need their own solicitor?
Yes. Independent legal advice for each party — from separate solicitors — is one of the key factors that strengthens the weight a court will give to the agreement.
Is a prenup only for wealthy couples?
No. While often associated with high-net-worth individuals, prenups are increasingly used by couples with more modest assets, particularly where one partner has children from a previous relationship, a business, or significant pre-marital savings to protect.
