FAQs About Prenuptial Agreements In The UK

A prenuptial agreement (or “prenup”) is a written contract made by a couple before they marry or enter a civil partnership. It sets out what should happen to their finances, property, and other assets if the relationship ends.

Though often associated with high-net-worth individuals, prenups are becoming more common for anyone who wants clarity and protection in the event of divorce.

Typically, a prenup will outline how property is divided, whether one party is entitled to maintenance, and how debts or inherited assets are treated. The goal is to reduce conflict, save on legal costs, and avoid lengthy court battles if the relationship breaks down.

In the UK, prenups are not automatically binding like contracts in commercial law. However, they carry significant weight in court if they are fair, transparent, and both parties received independent legal advice. Judges still have discretion, but they will usually uphold the terms unless it would be unfair to do so.

For many people, a prenup offers peace of mind, particularly where there is a business, second marriage, children from previous relationships, or inherited wealth to consider. The key is to approach the agreement collaboratively and plan well ahead of the wedding.

You can write your own prenup, but doing so without a solicitor carries risks. The court may not uphold it if it lacks clarity, legal accuracy, or procedural safeguards.

Judges want to see that both parties understood the agreement and entered into it freely, without pressure. That’s hard to prove if no solicitor was involved. Most problems with DIY prenups involve vague terms, missing financial information, or unrealistic clauses.

Even when couples agree on everything, a solicitor adds value by ensuring the wording reflects your intentions and aligns with what a court will consider fair.

A fixed-fee prenup service is often the best way to get affordable legal protection. Writing it yourself might save money now, but it can cost far more later if the agreement is rejected or leads to disputes.

A prenuptial agreement can include any financial terms you and your partner agree to, provided they are fair and lawful.

Most prenups deal with how property, savings, and debts will be divided if the marriage ends, but they can cover much more, including (but not limited to):

• Who keeps what property (including pre-owned or jointly acquired)
• Treatment of inherited or gifted assets
• What happens to pensions, savings, and investments
• Whether spousal maintenance will be paid
• Responsibility for debts or loans
• What happens to business interests

You can’t include anything about child custody or access, as that must always be decided in the child’s best interests at the time of separation.

The court will assess whether the terms are fair and realistic, especially if they significantly disadvantage one partner. That’s why legal advice is essential when deciding what to include.

Every prenup should be tailored. There’s no one-size-fits-all. A solicitor will help you draft the agreement in a way that matches your intentions and stands up to legal scrutiny.

Prenuptial agreements are not strictly binding in UK law, but courts are increasingly willing to uphold them. Since the 2010 Supreme Court case of Radmacher v Granatino, prenups have been treated with considerable respect if certain legal safeguards are followed.

For a prenup to be upheld, both parties must:

• Agree freely and willingly
• Provide full financial disclosure
• Receive independent legal advice
• Sign the document well in advance of the wedding (at least 28 days before)
• Ensure the terms are fair and do not prejudice any children

When these conditions are met, a judge is likely to follow the terms unless they produce an outcome that would be unjust. That means the agreement should reflect each party’s needs, not just what’s legally possible.

While the law still allows judicial discretion, courts have shown a strong trend towards respecting the parties’ autonomy. In practical terms, this means a well-drafted prenup is very likely to be followed.

Couples should always instruct solicitors with experience in family law and ensure the document is kept up to date, especially after children, major asset changes, or a significant shift in circumstances.

A prenuptial agreement does not need to be witnessed in the same way as a will or deed, but both parties must sign the document and ideally date it.

While there’s no strict requirement for witnesses under UK law, having an independent witness for each signature can help confirm the validity of the agreement.

What matters more than witnessing is that the agreement is entered into freely, with full understanding, and after independent legal advice.

Each party must know exactly what they are signing and what they’re giving up or protecting. Any sign of pressure or lack of clarity could weaken the agreement in court.

Most solicitors will ask their clients to sign the agreement in front of them or arrange for someone else to witness the signature, simply to remove any doubt later. It’s a small but sensible extra layer of evidence that can support the document’s authenticity if it is ever challenged.

A prenuptial agreement usually takes 2 to 6 weeks to draft, depending on how quickly both parties can provide financial disclosure and agree terms. More time is needed if the agreement involves complex assets, property abroad, or family trusts.

You should allow several weeks before your wedding to finalise the document. Ideally, the agreement should be signed at least 28 days before the ceremony. Leaving it late can weaken its enforceability in court.

To avoid last-minute stress, start the conversation 3 to 6 months in advance. Early planning gives both parties the time and space to consider the agreement properly, seek advice, and ensure it reflects your wishes.

Prenuptial agreements are effective when properly drafted and fairly applied. They offer a clear legal framework for dividing finances in the event of divorce and are recognised by UK courts, provided they meet certain fairness and procedural requirements.

The effectiveness of a prenup depends on how well it reflects both parties’ circumstances at the time it is created and whether it would still be considered fair at the time of separation.

Courts won’t blindly enforce them, but they will give serious weight to a prenup that has been prepared transparently and with legal advice.

An effective prenup protects pre-owned assets, family wealth, inheritance, or business interests. It can help manage financial risk and reduce emotional strain during a breakup. It gives both partners reassurance that they are entering the marriage with mutual understanding and expectations.

It’s important to update a prenup if there are significant life changes – like having children, acquiring new property, or starting a business. Doing so keeps the agreement relevant and preserves its strength in court.

Used correctly, a prenup can be one of the most effective tools for protecting wealth and avoiding litigation during divorce.

A prenuptial agreement helps couples plan their financial future and protect their individual assets before getting married. While no one plans to separate, a prenup creates certainty about what will happen to money, property, and possessions if the relationship breaks down.

People consider prenups for many reasons. You might have built up savings or bought a home before meeting your partner. You might own a business, expect an inheritance, or want to protect family wealth. A prenup allows you to ring-fence these assets and make sure they’re treated fairly.

They’re particularly useful in second marriages, or where one partner has children from a previous relationship. A prenup can ensure that your estate is passed on as intended, while still providing for your spouse.

It’s not about expecting the worst. It’s about reducing stress, legal fees, and uncertainty down the line. With a prenup, both people are clear about their rights and obligations. That clarity can actually strengthen the relationship, not weaken it.

A solicitor can help you understand what’s appropriate for your situation and how to approach the conversation with your partner in a constructive way.

You can’t change a signed prenuptial agreement in retrospect, but you can replace it with a postnuptial agreement. A postnup is very similar – it’s a written contract made after marriage that outlines how finances and assets would be handled if the relationship ends.

Couples often use a postnup to update a prenup or create a new agreement from scratch. It can reflect changed circumstances such as having children, receiving an inheritance, or buying property together.

Postnups are treated seriously by courts when they follow the same principles as prenups: full financial disclosure, independent legal advice, and fairness. They show both parties have made informed decisions at a time when their relationship is intact.

Using a postnup is a practical way to keep your arrangements relevant and fair, especially when major life events reshape your finances.

Yes, you can and should review a prenuptial agreement regularly. A prenup drafted years ago may no longer reflect your circumstances or legal requirements. Courts will look more favourably on agreements that are kept up to date.

We recommend reviewing your prenup after major life events such as having children, buying property, or receiving a large inheritance. Even without changes, a review every 3 to 5 years is a good idea.

In some cases, couples choose to replace the prenup with a postnuptial agreement. This updated document can reaffirm your intentions and keep the protection strong. Your solicitor can guide you on the best approach based on your current situation.

Prenuptial agreements do not have an automatic expiry date. Once signed, a prenup can last indefinitely – unless you include a clause that says it will end after a set period or certain event. In practice, courts expect prenups to remain relevant and fair over time.

A prenup that is 20 years old and never updated may carry less weight than one reviewed and revised during the marriage. That’s why it’s sensible to revisit the agreement after key life changes – such as having children, buying property, or starting a business.

Some couples choose to follow up with a postnuptial agreement that updates the original prenup. This can reinforce the terms and reassure both parties that the agreement still reflects their intentions. Courts look more favourably on agreements that have been reviewed and kept up to date.

The key point is that a prenup should still be fair and relevant at the time of divorce. It isn’t about how long it has lasted, but whether the court believes it is just.

To prepare a prenuptial agreement, both parties must provide full and frank financial disclosure. This includes:

• Property ownership (including equity, mortgages, or valuations)
• Savings and investments
• Pensions and future entitlements
• Business interests
• Debts and liabilities
• Inheritance or trust income (if relevant)

The goal is transparency. Courts want to see that both parties understood the financial picture when entering the agreement. Leaving out assets or understating income can undermine the agreement’s credibility.

Gathering this information early helps solicitors draft realistic and fair terms. It also ensures that both parties make informed decisions before signing.