8 Apr 2026
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Prenups are becoming increasingly common in the UK. Although not a legal requirement, many couples embark on the prenup journey in order to find clarity and peace of mind before tying the knot. No one signs a prenup expecting the relationship to fail; instead, couples choose one for the transparency, sensible planning, and sense of protection it provides.
Despite the benefits of a prenup, it can be an awkward topic to raise with a future spouse, and a complex process to understand. If you’re asking yourself questions like “can you get a prenup in the UK?” or “what is a prenuptial agreement?”, you’ve come to the right place.
In this guide, we explain what a prenuptial agreement is without the complex legal jargon and fuss that adds complexity to an already daunting process. We’ll focus on how prenups work in England and Wales specifically, when they may be appropriate, and what makes a prenup more likely to be upheld by the court. Even though we’re experts in this field, we’re not providing personal legal advice in this guide as every couple’s circumstances are different.
A prenuptial agreement (also known as a pre-nuptial, nuptial, or prenup agreement) is a written contract made between two people before they enter into a marriage or civil partnership. It determines how their finances and assets will be dealt with in the event that the relationship breaks down. It is a proactive means of agreeing financial terms in advance instead of leaving everything to be decided during a separation where emotions run high.
A prenup provides clarity in the separation and divorce process by determining how you intend your assets and finances to be treated if the marriage or civil partnership ends. A carefully prepared agreement can:
Although you don’t sign a prenup with intention to use it, the unfortunate reality is that it is immeasurably useful for nearly all divorce processes. For example, a prenup can ensure that a couple wishing to allocate certain assets to children from a previous relationship can still divide assets fairly for the new spouse. It can protect a company from disruption or forced sale, or safeguard assets that have been inherited for generations in the event of divorce.
Prenups are not legally binding in England and Wales (and Northern Ireland). However, courts do give them significant weight if certain conditions are met. This is slightly different to Scotland which does have legally binding prenups, provided they are fair and correctly drafted.
The court in England and Wales is the ultimate authority over financial matters on divorce. This means the court has the power to decide what is fair, even if it contradicts what is outlined in a prenup. A prenup does not, therefore, override the law entirely.
However, the landmark case of Radmacher v. Granatino in 2010 confirmed that courts should generally uphold a prenup that is consentfully created and signed, unless it would be unfair to do so. This means that a well-prepared agreement, created properly and reasonably, can carry substantial or conclusive weight. Fairness and proper process are therefore central to the successful implementation of a prenup in England and Wales.
While no prenup is absolutely guaranteed to be applied in England and Wales, certain safeguards can strengthen it:
These practical safeguards demonstrate that the prenuptial agreement was made thoughtfully and fairly, and therefore should be upheld in the court of law.
Prenuptial agreements are critical for high-profile or high-net-worth individuals. They are however sensible in many more ordinary situations.
If you own property, have accumulated large savings, or expect to inherit, a prenup can provide clarity about how those assets should be treated.
For business owners, continuity and stability are essential, so your business operations should stay separate from your personal life. Divorces do create uncertainty around company valuation or ownership, so a carefully drafted prenup is essential in helping reduce that risk and protecting commercial interests.
Pensions hold substantial value, particularly long-established or public sector schemes. Addressing pensions in advance can provide later-life certainty that your hard-earned savings are protected.
If you have children from a previous relationship, you may wish to protect certain assets for them only. A prenup can balance that intention with fair provision for your spouse and wider family.
When wealth is largely held in family companies, agricultural land, or generational trusts, it is often important to preserve those assets across generations. A prenup can work alongside trust and estate planning to support that aim.
Prenuptial agreements require careful handling and expert knowledge to ensure your agreement is steadfast and robust. A specialist family solicitor provides:
Prenup solicitors ensure clarity, security, and fairness for both parties. Before you decide whether a prenup is right for you, speak to a family law solicitor.
A prenuptial agreement is entered into before marriage or civil partnership. Contrastingly, a postnuptial agreement (postnup) is signed after the marriage or civil partnership has taken place. Postnups are often used when circumstances change, such as following inheritance, business growth, or the birth of children. If you are already married and want to formalise financial arrangements, a postnuptial agreement may provide a similar form of protection and clarity as a prenup.
Costs for prenups vary depending on complexity. Cases involving businesses, trusts, or substantial assets require more detailed work and costs may therefore be higher. Contact our team for a personalised cost.
Yes, prenups can refer to expected inheritances or future asset growth. However, the court will still determine fairness of division of assets at the time of divorce.
Financial provision for children can be addressed in a prenup, but decisions about children’s welfare and lifestyle cannot be legally fixed in advance. The court will always prioritise the child’s best interests which may contradict requests in the prenup.
A prenup must be entered into voluntarily, so a party cannot be forced to sign. In that situation, independent legal advice can assist in helping both parties understand their options.
It is possible, but not advisable to rush the creation of a prenup right before the wedding date. Agreements completed less than 28 days before the wedding are more likely to be overruled by the court.
Yes, both parties need separate solicitors for a prenup. Independent legal advice for each party is strongly recommended and strengthens the agreement.
Yes, prenups can be made before entering into a civil partnership and are largely treated in the same way as those made before marriage in England and Wales.
If you are considering a prenuptial agreement, measured and tailored advice at this early stage can provide you with the reassurance and clarity you’re seeking. We offer calm, steady guidance backed by decades of expertise, ensuring your prenup is fair, carefully prepared, and designed to protect your future.
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