Prenuptial agreements, often called “prenups”, are becoming increasingly common in the UK. Couples use them to protect property, business interests or savings, especially where one or both partners enter the marriage with significant assets. But despite their growing popularity, many people remain unsure about whether a prenup is actually legal or enforceable.
The short answer is that prenups can be legally recognised in the UK, but they are not automatically binding. Instead, the courts treat them as highly persuasive evidence, provided they meet certain requirements. Understanding how this works is essential if you are thinking about putting one in place.
This article explains what a prenup covers, how UK courts view them and what you can do to make sure your agreement carries as much weight as possible.
What is a prenup?
A prenuptial agreement is a formal written contract signed before marriage. It sets out how assets should be divided if the relationship later breaks down. While couples often focus on property and savings, a prenup can deal with many aspects of financial life, including:
- Property owned before the marriage
- Inheritance or family wealth
- Savings, investments and pensions
- Business ownership or future business growth
- Debts or liabilities each partner brings into the marriage
Some couples also use prenups to clarify expectations around future financial decisions. Whether one partner will continue running a family business, for example, or whether inheritances should remain separate.
A related document is the post-nuptial agreement, which is similar to a prenup but signed after the couple has married. Both can carry weight in court if drafted correctly.
Related: Can You Change a Prenup After Marriage?
Are prenups legally binding in the UK?
In England and Wales, prenups are not legally binding in the strict sense. The family court always retains the power to decide what is fair when a couple divorces. However, following a landmark Supreme Court case in 2010 (Radmacher v Granatino), the position changed significantly.
The court held that a prenuptial agreement should generally be upheld if:
- Both parties fully understood what they were signing
- They entered into the agreement freely, without pressure
- Each party received independent legal advice
- There was full financial disclosure
- The agreement is fair and meets each person’s needs
- It does not negatively affect the welfare of any children
If these conditions are met, a prenup will be taken very seriously and the court is likely to give effect to it.
The situation is slightly different in Scotland, where prenuptial agreements tend to be treated as legally binding contracts unless they are clearly unfair. But for couples marrying or living in England and Wales, the crucial point is that a prenup carries real weight, even though it cannot override the court’s ultimate discretion.
How to make a prenup as effective as possible
Because prenups are not automatically binding, it is important to take steps to ensure the agreement is viewed as fair and reliable. The stronger the agreement, the more likely the court is to follow it.
Some of the most important considerations include:
Full disclosure: Both partners must clearly set out their financial position. Hiding assets can undermine the entire agreement.
Independent legal advice: Each partner should have their own solicitor. If only one solicitor is involved, the agreement may be viewed as unfair.
Timing: Agreements signed days before the wedding may be criticised as rushed or pressured. Ideally, the prenup should be completed well in advance.
Reviewing the agreement: Major life changes may require an update. These include the birth of a child, a large inheritance or the sale of a business. A court is more likely to uphold a prenup that reflects the couple’s current circumstances.
Fairness: A prenup that leaves one partner in a significantly weaker financial position may be set aside, especially after a long marriage. The goal is clarity and protection, not punishment.
Limitations you should be aware of
Although prenups are powerful tools, there are important limits to what they can achieve. A prenup cannot prevent the court from considering a spouse’s basic financial needs. If one partner would be left without suitable housing or enough income to support themselves, for example, the court may decide the agreement is unfair.
A prenup also cannot determine child arrangements or child maintenance. The court always prioritises the welfare of children and no agreement between parents can override that.
In some cases, the agreement may also be questioned if circumstances have changed so significantly that the original terms no longer make sense. A prenup signed early in a relationship may need to be revisited as the couple’s lives evolve. Especially if there are children, business changes or substantial shifts in income.
Because of these limits, a prenup should be viewed as part of wider financial planning rather than a rigid guarantee. When it’s drafted carefully and reviewed periodically, it becomes a highly effective framework for guiding financial decisions in the event of a divorce.
Why more couples are choosing prenups
Prenuptial agreements have grown in popularity in recent years, particularly among couples marrying later in life or entering second marriages. Many people have already built savings, property portfolios or businesses that they want to protect. Others want to ensure fairness where there are children from previous relationships.
Entrepreneurs, business owners and those expecting future inheritances also commonly choose prenups to avoid uncertainty and protect family assets. Rather than signalling a lack of trust, many couples now see prenups as practical planning, similar to writing a will or arranging life insurance.
Related: How to Protect Your Assets Before & During Divorce
What to do if you’re considering a prenuptial agreement
If you are thinking about putting a prenup in place, it’s important to speak to a specialist family solicitor as early as possible. The process involves discussing your goals, reviewing your assets and preparing clear, workable terms that reflect your intentions.
A solicitor can help ensure:
- The agreement is drafted correctly
- Both parties understand their rights
- Financial disclosure is complete
- The timing of the agreement does not undermine its validity
- The terms reflect current case law and best practice
For many couples, this early planning avoids conflict later and provides peace of mind at the start of married life.
Find out more from our family law team
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case-specific guidance.
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