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If you’re planning to get married or enter a civil partnership, you may be considering a Prenuptial Agreement (often shortened to Prenup) to protect your assets and clarify what would happen in the event of a separation. One of the most common questions we hear is: “Is a Prenuptial Agreement legally binding in the UK?”
The answer is not entirely straightforward, but the short version is: a Prenuptial Agreement is not automatically legally binding, but UK courts will often uphold it, if it meets certain conditions.
This guide explains how Prenups are treated under UK law, what makes them enforceable, and how to ensure yours is as robust as possible.
A Prenuptial Agreement is a legal document made between a couple before they marry or enter a civil partnership, setting out how they intend to divide their finances and assets if the relationship ends.
People often use Prenups to protect:
In the UK, Prenuptial Agreements are not automatically binding in the same way as a commercial contract. However, they are increasingly recognised and upheld by the courts, especially following the landmark case of Radmacher v Granatino [2010] UKSC 42.
In that case, the Supreme Court ruled that:
“The court should give effect to a nuptial agreement that is 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 the parties to their agreement.”
In other words, the courts will usually respect a Prenuptial Agreement, as long as it was made fairly and with proper preparation.
To maximise the chances of a Prenup being upheld in the UK, it should meet the following key criteria:
1. Freely entered into
Both parties must enter the agreement willingly. There must be no pressure, coercion or undue influence. Signing a Prenup just days before the wedding could lead to claims that it was made under duress.
2. Full financial disclosure
Each party should give a clear, honest account of their financial situation, including income, assets, debts and expected future wealth. If one party withholds key information, the agreement may be challenged later.
3. Independent legal advice
Both parties should have independent solicitors to advise them on the implications of the agreement. This ensures that each person fully understands what they’re agreeing to.
4. Signed in good time before the wedding
Although there is no legal deadline, it’s widely accepted that the Prenup should be signed at least 28 days before the marriage. The earlier, the better.
5. Fair and reasonable terms
The agreement should be fair to both parties, both at the time it is signed and at the time it is enforced. An agreement that leaves one party in financial hardship is unlikely to be upheld.
Yes, courts in England and Wales always retain discretion to override any part of a Prenuptial Agreement if they believe it would lead to an unfair outcome.
Some reasons a court might disregard or alter a Prenup include:
For example, if a couple signed a Prenup excluding future children but later had a child, the court may prioritise the child’s needs over the agreement’s terms.
The guidance in England and Wales follows the Radmacher decision and is well-established. In Scotland, Prenuptial Agreements are generally considered to be legally binding, provided they are fair and properly drafted. In Northern Ireland, the courts take a similar view to England and Wales.
It’s always advisable to consult a solicitor familiar with the relevant legal system in your part of the UK.
A Postnuptial Agreement is similar to a Prenup, but it is signed after the marriage or civil partnership has taken place. Courts view them in much the same way, they are not automatically binding, but will often be upheld if properly made.
A postnup may be useful if:
To give your Prenuptial Agreement the best chance of standing up in court, make sure you:
A good family lawyer, such as Sinclair Law, will ensure the agreement is tailored to your needs, complies with current legal standards, and provides as much protection as the law allows.
While Prenuptial Agreements are not strictly legally binding in the UK, they are increasingly upheld by courts, provided they are fair and carefully prepared. If done correctly, a Prenup can offer clarity, peace of mind, and help avoid stressful disputes in the future.
Whether you want to protect assets, support children from a previous relationship or safeguard your business, a well-drafted Prenuptial Agreement is a valuable legal tool.
Our experienced family law solicitors can guide you through the process of creating a strong, fair and enforceable Prenuptial Agreement. Contact us today for a free 30-minute confidential consultation.