How to get a prenuptial agreement.

Prenuptial and Postnuptial Agreements

A prenuptial agreement, often called a prenup, is an agreement made before marriage or civil partnership that sets out how finances should be handled if the relationship later breaks down.

A postnuptial agreement is similar, but it is made after the marriage or civil partnership has taken place. Both types of agreement can cover property, savings, pensions, businesses, inheritance, debts, income, family wealth, and financial responsibilities.

Are Prenuptial Agreements Legally Binding?

Prenuptial agreements are not automatically legally binding in England and Wales in the same way as ordinary commercial contracts. The family court still has the power to decide what financial order should be made on divorce or dissolution.

However, a properly prepared prenuptial or postnuptial agreement can carry significant weight. The court may uphold the agreement or give it decisive weight if it was freely entered into by both parties with a proper understanding of its implications, and it would be fair to hold the parties to it.

Why Make a Prenuptial Agreement?

A prenuptial agreement can help reduce uncertainty, protect assets and avoid costly disputes if the relationship breaks down. It can be particularly useful where one or both parties have built up assets before the relationship, own a business, expect to inherit family wealth, have children from a previous relationship or want to protect specific property.

The agreement can also help couples have clear and honest discussions about money before marriage. This can include how bills will be paid, how property will be owned, what happens to savings and debts, and what should happen if the marriage ends.

Common Reasons for a Prenup

People often consider a prenuptial agreement where there are unequal assets, family businesses, inherited wealth, trusts, overseas property, farming assets, expected gifts from parents, second marriages, children from earlier relationships or substantial pensions.

A prenup may also be useful where one party wants to ring-fence a property they owned before the relationship or where both parties want to avoid a long and expensive financial dispute on divorce.

Postnuptial Agreements

A postnuptial agreement can be made after marriage or civil partnership. It may be used where the couple did not make a prenup before the wedding, where circumstances have changed, or where they want to review financial arrangements after receiving an inheritance, starting a business, having children or moving abroad.

Postnuptial agreements can also be used after a reconciliation, where a couple want to remain together but record what should happen financially if the relationship later breaks down.

What Can Be Included?

A nuptial agreement can address how assets should be divided, what happens to the family home, how premarital assets are treated, whether inherited wealth is protected, how business interests are handled, and how debts or liabilities are allocated.

It may also include arrangements for savings, investments, pensions, income, maintenance, personal possessions, family loans and property owned in this country or abroad.

Children and Fairness

A prenuptial agreement cannot be used to avoid proper financial provision for children. The welfare and needs of any children will remain important if the court is later asked to approve or make financial orders.

An agreement that leaves one party or children in real financial hardship is less likely to be followed. Fairness is central to the court's decision on whether to give weight to the agreement.

Independent Legal Advice

Each person should take independent legal advice from a different solicitor before signing. This helps show that both parties understood the agreement, their rights and the consequences of signing.

Using the same solicitor, signing without advice, or relying on a downloaded template can make the agreement more vulnerable to later challenge.

Financial Disclosure

Both parties should provide full and frank financial disclosure before signing. This usually means exchanging clear information about property, savings, pensions, income, debts, business interests, trusts, expected inheritance and other relevant assets.

If one person hides assets or the disclosure is materially incomplete, the agreement may carry less weight or be challenged later.

Timing Before the Wedding

A prenuptial agreement should be signed well before the wedding or civil partnership ceremony. Best practice is usually to complete the agreement at least 28 days before the ceremony.

Leaving the agreement until shortly before the wedding can lead to arguments about pressure, a lack of proper advice, or unfairness. Couples should start the process early, especially where there are businesses, trusts, overseas assets or complex finances.

Voluntary Agreement

Both parties must agree freely. There should be no pressure, duress, emotional blackmail, threats, last-minute demands or unfair bargaining.

If one party was put under pressure to sign, or did not have enough time to consider the terms properly, the court may be less willing to uphold the agreement.

Reviewing the Agreement

A prenuptial or postnuptial agreement should be reviewed when circumstances change. Important changes may include the birth of children, serious illness, a major inheritance, the sale of a business, relocation, retirement, a significant increase or decrease in wealth, or a long passage of time.

Some agreements include review clauses that require the parties to revisit the terms after a set number of years or major life events.

International Issues

International families may need specialist advice. Different countries treat prenuptial agreements differently, and the court with jurisdiction over a divorce may affect the outcome.

Where either party has assets abroad, foreign nationality, overseas property, or international business interests, or may live outside England and Wales, advice should be sought in each relevant jurisdiction.

Wills and Estate Planning

A prenuptial agreement should be considered alongside wills and estate planning. Marriage can affect an existing will, and a prenup does not replace a properly drafted will.

Couples should consider how property, pensions, life insurance, inheritance and provision for children will be handled if one of them dies, not just if they separate.

Can a Prenup Be Challenged?

A prenuptial agreement can be challenged. Common arguments include lack of independent advice, inadequate disclosure, pressure to sign, unfair terms, failure to meet needs, major changes in circumstances or inadequate provision for children.

The court will consider the agreement as part of the overall financial remedy case. The more carefully the agreement was prepared, and the fairer the terms, the more likely it is to be influential.

Cost and Practical Value

Some couples see a prenuptial agreement as an unnecessary cost before marriage. However, the cost of preparing a clear agreement may be far lower than the cost of a disputed financial case if the relationship breaks down.

A well-drafted agreement can reduce uncertainty, protect family assets and help both parties understand their financial position from the outset.

Future Reform

The law on nuptial agreements has been under review for some time. The Law Commission previously recommended introducing qualifying nuptial agreements, and the government is consulting in 2026 on wider reform of financial remedies and relationship law.

Until the law changes, prenuptial and postnuptial agreements remain influential but not automatically binding. Couples should follow best practices to ensure the agreement carries as much weight as possible.

When Legal Advice May Be Needed

Legal advice should be taken before signing a prenuptial or postnuptial agreement, especially where there are significant assets, unequal wealth, children from previous relationships, businesses, trusts, expected inheritance, pensions, overseas property or international connections.

A family solicitor can advise on fairness, disclosure, drafting, independent advice, timing, review clauses, financial remedy law, wills and how the court may treat the agreement.

Current Position

Prenuptial and postnuptial agreements are not automatically binding in England and Wales, but they can carry significant weight if they are properly prepared and fair. The court will consider whether both parties entered into the agreement freely, understood its implications, made proper financial disclosure and received independent legal advice.

Anyone considering a prenup should start early, avoid last-minute pressure, use separate solicitors and ensure the agreement is tailored to their circumstances rather than relying on a template.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Family law, financial remedy law and the treatment of nuptial agreements can change, and how the law applies will depend on the facts of each case.

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