Prenuptial Agreements UK: Essential Things You Need to Know

Explore the legal status of prenuptial agreements in the UK by reading this guide by our family lawyer, Georgina Hitchens. Are prenups just for wealthy people or are they a vital 'insurance policy'?

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    Many couples think prenuptial agreements are only for the wealthy, but in reality they’re not. A prenup is for anyone who wants to protect their assets, avoid financial conflict, and start their marriage with complete clarity.

    In this guide, I’ll share exactly why a prenup might be right for you, what it can cover, and how to make sure it’s fair and enforceable

    What is a Prenuptial Agreement UK?

    A prenup, or prenuptial agreement, is a legal contract made before marriage to protect each person’s assets and define property division if the marriage ends. It helps avoid disputes, clarifies financial responsibilities, and ensures a fair distribution of wealth in case of divorce or death.

    A prenuptial agreement allows couples to outline specific provisions that reduce the risk of future disagreements. For example, it can clarify ownership of a family home, divide financial liabilities, or protect assets intended for other family members, such as children from previous relationships.

    A well-drafted prenup avoids this uncertainty by clearly outlining how assets will be split, removing the need for prolonged legal disputes.

    This makes negotiating a divorce settlement easier, as both parties have a pre-agreed framework to follow, reducing conflict, legal costs, and unnecessary stress.

    Key Takeaways

    • Courts can enforce prenups if certain conditions are met.
      UK courts aren’t required to uphold a prenup, but they usually do if the agreement is fair, transparent, and properly prepared. That means no pressure, full disclosure, and both partners having legal advice.
    • Prenups aren't just suitable for the wealthy.
      Whether it’s a house, a business, inheritance, or future wealth, a prenup can help protect what you’ve built. It also helps if you’re entering marriage with children from a previous relationship or unequal debt.
    • How can I make a prenup more enforceable in the UK?
      Your prenup should be signed at least 28 days before the wedding, after both parties have shared all financial details and received independent legal advice.
    • Prenups may need updating after major life events.
      Even a well-drafted prenup might not stand if circumstances change drastically, for example, having children or one partner becoming financially dependent. Regularly reviewing the agreement keeps it relevant and fair.
    • Divorce-Online's prenup service gets it right—without the hefty bill.
      We draft custom, solicitor-prepared prenuptial agreements for £799 that meet the legal standards UK courts expect. Protect your future, avoid disputes, and start your marriage with confidence for a clear, affordable price.

    Are UK Prenups Legally Binding?

    Prenuptial agreements are legal in the UK in the sense that courts consider them within financial proceedings in a divorce. Despite years of campaigning, prenup agreements are still not automatically legally binding.

    The landmark 2010 Supreme Court case of Radmacher vs Granatino significantly altered this legal landscape. The decision in this case marked a shift in both societal and judicial perspectives regarding the autonomy of married partners.

    The Supreme Court ruled that prenuptial agreements can now be enforced, providing they meet specific criteria. For a prenuptial agreement to be upheld under the Radmacher ruling, it must satisfy a three-stage test:

    1. Full financial disclosure: During the disclosure process, both parties need to be open about their assets and debts. If one party hides financial information, the agreement could be deemed unfair, and the court might dismiss it.
    2. Voluntary agreement: This is crucial. If one party is under pressure or rushed into signing the agreement, the court could invalidate it. That’s why we always recommend the prenup be signed at least 28 days before the wedding to avoid any appearance of last-minute pressure.
    3. Legal advice: Legal advice for a prenup is a must. This helps demonstrate that both of you fully understood what you were signing. It’s not legally required, but the courts will take a much more favourable view of the agreement if both parties had proper legal counsel.
    4. Financial Needs: For a prenuptial agreement to hold weight in court, both parties’ financial needs must be fairly addressed. The court considers the couple’s standard of living during the marriage when determining fairness. An agreement leaving one party with little or no provision—particularly if it undermines their ability to meet basic needs—would likely be set aside.

    The courts retain the discretion to enforce prenuptial agreements as part of divorce settlements under Section 25 of the Matrimonial Causes Act 1973. Judges will generally uphold a premarital agreement that meets the Radmacher test, provided it is fair in the given circumstances.

    In 2014, the Law Commission released a report on Matrimonial Property, endorsing the Radmacher decision. The Commission recommended the creation of a ‘qualifying nuptial agreement’ regime, which would make prenuptial agreements fully binding if certain conditions are met.

    How to Get a Prenuptial Agreement

    To obtain a prenuptial agreement in the UK, you should follow these steps:

    1. Early Consideration: Begin the process well before your wedding date. It is recommended that a prenup be signed at least 21-28 days before the marriage to avoid any suggestion of duress, which could affect its enforceability.
    2. Full Financial Disclosure: Both parties must provide a complete and honest account of their financial situation. This includes disclosing all assets, debts, and income.
    3. Independent Legal Advice: Each party should seek independent legal advice. This ensures that both individuals fully understand the agreement and its implications. The advice also helps to demonstrate that both parties entered into the agreement voluntarily.
    4. Draft the Agreement: A solicitor can help draft the prenup, ensuring that it is tailored to your specific circumstances and it includes all necessary provisions. The agreement should be fair and consider any future changes in circumstances.
    5. Review and Negotiation: Both parties should review the draft and if necessary, negotiate any terms. This might involve several rounds of discussion and revision to ensure the agreement is mutually acceptable.
    6. Sign the Agreement: Once both parties are satisfied with the terms, the prenup should be signed. It is also advisable to have witnesses who are over the age of 18 and independent of the parties involved.

    It’s also a good idea to review and possibly update the prenup periodically, especially after significant life events like the birth of children or major changes in finances.

    How Much Does a Prenup Cost?

    The cost of a prenuptial agreement can vary significantly based on the complexity of your assets and the level of negotiation required.

    Basic prenups start at around £1,000 for straightforward financial arrangements, while more complex agreements involving business interests, trusts, or foreign property can rise to £5,000 or more.

    Factors influencing the cost include the number of assets being protected, legal consultation fees, and whether multiple rounds of negotiation are required. Discuss these with your solicitor in advance to avoid surprises.

    Divorce-Online offers a fixed-fee prenuptial agreement service for £799, covering assets up to £3m in value – see how it compares to other services below.

    Do I Need a Solicitor or Can I Use a Template?

    While it may be tempting to use a prenuptial agreement template found online, doing so could severely affect the enforceability of the agreement in the UK courts.

    The courts give much more weight to prenups drafted with the assistance of family law solicitors. A solicitor ensures that all legal requirements are met and that the agreement can be as robust as possible in court.

    The legal validity of prenups drafted from a template would be questioned by the courts, particularly if it fails to meet legal standards, such as financial transparency or fairness.

    If you’re determined to draft your own prenup, you can refer to our more detailed article on how to draft a prenuptial agreement in the UK.

    What Can You Include In a Prenup?

    A prenuptial agreement should cover financial matters only, and can include the following:

    • Debts – This can include credit card debt, student loans, and other types of debt that either spouse may have. The prenup should outline who will be responsible for paying off these debts after separation.
    • Property – Property clauses are very common in Prenups. Whether that is establishing what is to happen to the marital home or if one spouse wishes to keep a property they own separately.
    • Maintenance – Addressing spousal and children support including whether or not it will be settled and the amount of aid given is worth including in a prenup.
    • Pensions – What is to happen to any pension pots? Define within your agreement what happens to held pension pots upon separation.
    • Inheritance – If you or your spouse are due to inherit money, a clause can be inserted to ensure this stays with the desired party. Inheritance can also be left to children.
    • Personal Property – Art, jewelry, etc. Personal property or belongings can be kept with the owner and not shared with their husband or wife.
    • Bank accounts – Prenuptial agreements can address joint bank accounts and how these will be handled in case of separation. Parties can also use a nuptial agreement to protect their income or savings.
    • Business interests – A prenup can include provisions for the division of business assets and restrictions on the sale or transfer of those assets.

    If you cover anything outside of financial matters in your prenup, a Judge may decide not to consider it.

    This means that your prenuptial agreement cannot include decisions around child support or child custody, lifestyle matters, and outlining domestic duties.

    Can You Change a Prenup After Marriage?

    Many couples wonder whether a prenuptial agreement can be changed after they’ve tied the knot. The short answer is yes, but this typically requires creating a postnuptial agreement.

    Postnups allow couples to modify the terms of their original prenup to reflect any new circumstances, such as significant changes in finances, inheritance, or the birth of children.

    Both parties must agree to the changes, and it’s recommended that you seek legal advice to ensure any amendments remain enforceable and fair.

    Significant life changes such as the birth of a child, acquiring a business, receiving a substantial inheritance, or a drastic change in your financial situation should prompt a review of your prenuptial agreement.

    Courts often consider whether a prenup remains fair at the time of divorce, so regular updates ensure that your agreement reflects your current circumstances.

    It’s recommended to revisit and potentially amend your prenup every few years or after major life events to maintain its relevance and enforceability.

    Frequently Asked Questions…

    What if my partner and I come from different countries?

    If the couple comes from different countries or plans to live abroad, the prenup can include a choice of jurisdiction clause, stating which country’s laws will govern the agreement.

    For couples with assets or residency in multiple countries, international prenups can introduce extra layers of complexity due to different legal systems. For example, some countries may not fully recognise a UK-based prenup.

    It is vital to include a jurisdiction clause to clarify which country’s laws apply, and to consult a solicitor with expertise in international family law to ensure your prenup holds up across borders

    What happens if we don’t have a prenup and we divorce?

    If you didn’t sign a prenuptial agreement before getting married, you could consider a postnuptial agreement. A postnup functions similarly to a prenup but is created after the marriage.

    If a couple divorces without a prenup in place, their assets will be divided according to the laws of England and Wales, which aim to distribute marital assets on a fair and equitable basis.

    The court will consider various factors, such as the length of the marriage, the needs of each spouse, the needs of any children, and the contributions made by each party to the marriage.

    Without a prenup, the court has wide discretion to decide what is fair, and this can lead to more unpredictable outcomes.

    Can a prenup protect future assets or inheritance?

    People often ask whether a prenup can protect assets they don’t yet have, such as future earnings or inheritance.

    A prenup can include provisions for future assets, but the terms must be clear, and it’s important to consider how these clauses might be viewed by a court if the agreement is challenged.

    How can I make sure my prenup is enforceable?

    To increase the likelihood that a prenup will be enforceable, it should be entered into well before the wedding (ideally at least 28 days prior), both parties should have independent legal advice, there should be full financial disclosure, and the agreement should be fair and take into account any future changes in circumstances, such as the birth of children.

    Do both parties need their own solicitor?

    Yes, for a prenup to have the best chance of being considered enforceable, each party should have their own independent legal advice.

    This ensures that both individuals fully understand the agreement and that it was entered into without duress or undue influence.

    Contact Our Prenuptial Agreement Solicitors…

    Think of a prenup as an insurance policy. We buy insurance for our health and holidays; why? Not because you want or think things will go wrong, but to protect ourselves should the worst happen.

    Since the groundbreaking 2010 case, UK courts have been more inclined to uphold prenups that meet the legal requirements.

    Ultimately, prenups allow you personal autonomy over your money and assets. Failing this, it could be left up to a Judge to decide who gets what.

    More couples are getting prenups before marriage than ever before, and with Divorce-Online, it’s easier and more affordable than you thought.

    Online Prenuptial Agreement Service – £799

    This service is ideal for couples who want to obtain a prenuptial agreement before marriage without spending thousands of pounds on lawyers’ fees. The agreement is drafted by qualified solicitors to your exact requirements. 

    Author: Georgina Hitchins

    This post was written by Georgina Hitchins. Georgina has recently been admitted as a solicitor following a long period of study while working as a paralegal with the firm. She has devoted the last few years to becoming an expert in advising on, and drafting complex pre nuptial agreements.

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