Pre- and post-nuptial agreements

They are not binding in England and Wales — and a well-made one is very likely to be upheld anyway. Both halves of that sentence matter.

The position as it stands

The court is not bound by a nuptial agreement. It retains its discretion over financial provision, and it cannot be ousted by contract.

But the court will give effect to an agreement freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold them to it. That is the Radmacher test, and in practice it means a properly made agreement is usually followed.

The gap between “not binding” and “usually followed” is where the work is. It is entirely determined by how the agreement was made.

What makes an agreement stand up

Six things, and the absence of any one of them is what defeats agreements in practice:

Independent legal advice for both parties. Not one solicitor advising the couple. Two solicitors, separately instructed, each advising their own client on what the agreement does and what would happen without it.

Full and frank financial disclosure by both. An agreement signed by someone who did not know what the other party had is vulnerable. This is the most common defect.

Time. An agreement signed days before a wedding invites the argument that it was not freely entered into. Well ahead is safer, and there is a widely used convention of at least 28 days before the ceremony — more is better.

No pressure. The circumstances matter: who raised it, when, what was said, whether the wedding was already paid for and announced.

Fairness at the time it takes effect, not only when it was signed. An agreement that leaves one party unable to meet their needs at the point of separation is unlikely to be upheld in full, however carefully it was made. Agreements that provide for needs survive; agreements that leave someone destitute do not.

Review provisions. Circumstances change — children, illness, a business succeeding or failing. An agreement with built-in review points is more likely to remain fair, and more likely to be followed.

The reform that may change this

Following the Law Commission’s 2024 scoping report, the government consulted between 5 June and 14 August 2026 on reform of financial provision. Among the proposals: qualifying nuptial agreements, which would make properly made agreements binding rather than merely persuasive.

The consultation has closed and a response is awaited. Nothing has changed yet.

What it means practically. If that reform arrives, the difference between a properly made agreement and a casually made one becomes much starker than it already is — and agreements made now, if they meet whatever conditions are set, may fall within it. That is an argument for making an agreement carefully now rather than assuming it can be tidied up later.

If you have an existing agreement, this is a sensible moment to have it reviewed.

Post-nuptial agreements

Made after marriage rather than before, and they carry the same weight under the same test. They are frequently better agreements, because the pressure of an approaching wedding is absent and the financial position is usually clearer.

Common reasons: a business that has grown, an inheritance received or expected, a reconciliation after difficulties, or a couple who intended a prenup and ran out of time.

Who should have one

Not everyone, and we will say so if the answer is no.

The situations where it genuinely matters: a business or shareholding you want to keep out of the pot; substantial pre-marital assets; an expected inheritance, particularly where family money is involved; a second marriage with children from the first; international couples, where an agreement can also address which country’s law applies; and significantly unequal assets at the outset.

What we do

Advise on whether an agreement is worth making at all. Draft it, or advise on one drafted by the other side’s solicitor. Make sure the process itself — disclosure, timing, independent advice — is done so that the agreement survives scrutiny, because that is what determines whether it works. Review existing agreements, including those made abroad.

What it costs

A fixed fee, quoted before we begin, for both drafting and for advising on an agreement prepared by the other side. The fee depends on complexity — an agreement dealing with a business and overseas assets is a different piece of work from one dealing with a flat.

Questions

Questions people ask us

Are prenuptial agreements legally binding in the UK?

Not in England and Wales. The court retains its discretion. But it will generally hold parties to an agreement freely entered into with full appreciation of its implications, unless it would be unfair to do so — so a properly made agreement is usually followed.

How long before the wedding should we sign?

Well ahead. A convention of at least 28 days before the ceremony is widely followed, and earlier is better. Signing days before invites the argument that it was not freely entered into.

Do we both need our own solicitor?

Yes. Independent legal advice for each party is one of the requirements, and its absence is one of the most reliable ways to undermine an agreement.

Can an agreement be challenged later?

It can be argued against, on the basis that it was not freely entered into, that there was inadequate disclosure, or that it would be unfair to hold the parties to it now. The stronger the process at the time, the weaker those arguments.

Is a prenup we signed abroad valid here?

Not automatically, and not irrelevant. The English court will consider it, and the weight it carries depends on how it was made and what it provides. Have it reviewed.

Will the law change?

Possibly. The government consulted in 2026 on making qualifying nuptial agreements binding. It has not happened yet. If it does, how carefully an agreement was made will matter even more than it does now.

The hub

Family law →

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Divorce: the process, and the part that actually matters →

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Financial settlements on divorce →

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