Prenuptial agreements have become increasingly common for couples who want greater certainty over their finances before getting married. However, unlike in some other countries, prenups are not currently automatically legally binding in England and Wales. However, new proposals could give prenups greater legal certainty in the future.
The Government has recently consulted on significant reforms to the financial arrangements that apply when couples divorce, including plans to introduce legally binding ‘qualifying nuptial agreements’.
What is the position now?
A prenuptial agreement sets out how a couple intends their finances and assets to be dealt with if their marriage later ends.
At present, the Family Court retains discretion over how finances are divided on divorce, meaning a prenup cannot simply remove the Court’s ability to consider the circumstances of the couple. However, that does not mean prenups are ignored.
Following the landmark Supreme Court case of Radmacher v Granatino in 2010, significant weight can be given to an agreement where both parties entered it freely, understood its implications and it would not be unfair to hold them to it.
This means that, when properly prepared, a prenup can already play an important role in determining the financial outcome of a divorce.
What could change?
The Government’s proposals would introduce ‘qualifying nuptial agreements’, allowing couples to make binding arrangements about how certain assets should be divided if they divorce.
There would, however, be important safeguards.
Under the proposals, both parties would need to receive independent legal advice and provide material financial information to each other. The agreement would need to be entered into as a deed and could not be signed within the 28 days immediately before the wedding. Couples would also not be able to use an agreement to avoid meeting each other’s financial needs.
The consultation closed in August 2026, so these proposals do not yet represent a change in the law.
Are prenups just for wealthy couples?
Prenups are often associated with significant wealth, but there are many circumstances where couples may want greater financial clarity before marriage.
For example, one person may own a property before the relationship, have an interest in a family business, expect to receive an inheritance or have children from a previous relationship whose interests they want to consider.
A prenup can also encourage couples to have an open conversation about their finances and expectations before they marry.
Should couples wait for the law to change?
No. While the proposed reforms could provide greater certainty in the future, prenups can already carry considerable weight when they are carefully prepared.
Taking advice well ahead of the wedding also gives both parties time to understand the agreement, consider their financial circumstances and obtain separate legal advice without the pressure of an approaching wedding date.
If you are considering a prenuptial or postnuptial agreement, speaking to a family lawyer early can help you understand your options and put appropriate arrangements in place.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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