Prenuptial Agreements in the UK: Everything You Need to Know Before Saying “I Do”
Prenuptial Agreements in the UK: Everything You Need to Know Before Saying “I Do”
When planning a wedding, the focus is often on flowers, venues, and seating charts—but there’s another important item that’s becoming a must for many couples: the prenuptial agreement.
Once seen as something reserved for celebrities or the ultra-wealthy, prenups are becoming more common among everyday couples in the UK. Whether you’re entering into marriage with significant assets, a business, or just want financial clarity, a prenuptial agreement can be a smart move.
What Is a Prenuptial Agreement?
A prenuptial agreement—or “prenup”—is a legal document drawn up between two people before they marry. Its purpose is to outline how each partner’s assets (such as property, income, debts, pensions, and more) will be handled during the marriage and divided in the event of a divorce.
Though not legally binding in the UK yet, prenuptial agreements are increasingly recognised and upheld in court, especially when prepared correctly.
Why Consider a Prenup?
A prenuptial agreement offers clarity and reassurance. It gives both partners a chance to decide, in advance, how their finances should be managed during and after the marriage. It also helps avoid uncertainty or conflict in case things don’t go as planned.
Common reasons people opt for prenups include:
- One partner owns more assets or expects to inherit wealth.
- One or both parties are entering a second marriage.
- Either party owns a business and wants to retain full control.
- You want to protect children’s inheritance or family assets.
- There’s a significant disparity in personal debt.
What Can a Prenup Cover?
Every prenup is unique, but most will include:
- A full inventory of both parties’ assets and debts.
- Terms on how specific assets should be treated during marriage.
- Instructions for asset division if the marriage ends.
- Protection of individually owned property, pensions, or business interests.
- Clauses to protect future income or potential inheritance.
Typical assets that may be addressed:
- Real estate (individually or jointly owned)
- Personal savings and joint accounts
- Inheritance or family trusts
- Shares, stocks, or investments
- Pension pots and retirement savings
- Business interests and future earnings
A good starting point is to list all your assets and decide how you'd like each to be treated in the event of separation.
What a Prenup Can’t Cover
UK courts place limits on what a prenuptial agreement can legally include. Provisions that won’t hold up include:
- Child custody arrangements (including visitation or education choices)
- Child support terms (this is decided based on the child’s best interests)
- Lifestyle clauses (e.g., weight gain or household duties)
- Any illegal or unethical stipulations
It’s important to avoid inserting personal, unenforceable, or unfair clauses—doing so can weaken the agreement as a whole.
How Long Does a Prenup Last?
Once signed, a prenuptial agreement will typically last for the entire duration of your marriage unless you choose to replace it with a postnuptial agreement (entered into after marriage).
You cannot modify a prenup once married, but you can draft a new postnuptial agreement if your financial situation or priorities change.
Are Prenuptial Agreements Legally Binding in the UK?
Not quite—yet. While prenups are not automatically enforceable under UK law, courts are increasingly taking them into account, especially when:
- Both parties received independent legal advice.
- There was full financial disclosure.
- The agreement was entered into freely (no pressure).
- It was signed at least 28 days before the wedding.
- The terms are fair and don’t compromise children’s wellbeing.
The 2014 Law Commission report “Matrimonial Property, Needs and Agreements” recommended that prenups be legally binding, provided they meet the criteria above. While the law has not yet changed, this guidance has strongly influenced how courts handle such agreements.
Case Law and Growing Acceptance
One key case that shaped the UK approach is Radmacher v Granatino (2010), where the Supreme Court upheld a German heiress’s prenup. This decision confirmed that prenups could significantly influence divorce settlements, provided they were entered into fairly.
In that case, the court prioritised autonomy and intent—highlighting that adults should be able to agree how their assets are treated, as long as it doesn’t disadvantage the weaker party.
How to Create a Valid Prenuptial Agreement
To give your prenup the best chance of being upheld in court, follow these key steps:
- Start early – Don’t leave it to the last minute. Aim for at least 28 days before the wedding.
- Get legal advice – Both parties must seek separate legal advice.
- Full disclosure – Lay all your cards on the table. Hiding assets can invalidate the agreement.
- Document everything – All agreements should be written clearly and signed as a deed.
- Avoid coercion – Both parties must willingly enter the agreement without pressure.
An experienced family law solicitor can help you draft a clear, enforceable agreement that reflects your wishes and stands up to scrutiny.
Can a Prenup Protect Future Earnings and Pensions?
Yes. If you want to ring-fence future income, you can include clauses that specify how future earnings will be treated. This is particularly relevant for those expecting business growth, book royalties, or high-value contracts.
You can also protect your pension—a common concern for those marrying later in life or entering second marriages.
When Will a Court Refuse to Enforce a Prenup?
Even a well-drafted prenup can be challenged in court. It may be set aside if:
- One party didn’t fully understand it.
- It was signed under duress.
- The agreement was grossly unfair or left one party in financial hardship.
- The needs of any children are not met.
Courts retain the final say on fairness, so while prenups carry weight, they’re not absolute.
How Much Does a Prenup Cost in the UK?
The cost depends on the complexity of your situation. Basic prenuptial agreements might start around £1,200 to £2,500 with more detailed agreements involving substantial assets, trusts, or business interests costing more.
Some law firms offer fixed-fee prenups, especially for straightforward cases. It’s best to get a quote once you’ve discussed what you want to include.
Final Thoughts: Is a Prenup Worth It?
A prenuptial agreement isn’t about planning for failure—it’s about clarity, communication, and fairness. It allows couples to start their marriage on the same financial page and gives peace of mind knowing that hard-earned assets are protected.
Whether you’re bringing property into the marriage, starting a business, or just want to keep things tidy—prenups are a practical tool that can save stress and conflict down the line.
If you’re ready to explore your options, or need help drafting a bespoke agreement, our experienced family solicitors can guide you through every step.
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