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Pre-nuptial Agreement

Also known as: Prenup, Pre-marital Agreement, Prenuptial Contract

Definition

A pre-nuptial agreement (prenup) is a written contract signed before marriage that sets out how assets and finances will be divided if the couple divorces, which UK courts give "decisive weight" if properly executed.

While not automatically legally binding in England and Wales, the landmark case Radmacher v Granatino (2010) changed how courts treat prenups, making them a powerful tool for protecting family wealth.

What Does Pre-nuptial Agreement Mean?

Prenuptial agreements are not automatically binding in England and Wales. However, the 2010 Supreme Court decision in Radmacher v Granatino transformed their legal status, ruling that judges should give prenups "decisive weight" if properly executed. Under the Matrimonial Causes Act 1973, courts retain discretion over financial orders on divorce, but must seriously consider valid prenups. The Radmacher principle states courts should uphold agreements freely entered into with full appreciation of implications unless circumstances make this unfair.

For a prenuptial agreement to carry weight, both parties must meet strict requirements. The agreement must be signed at least 28 days before the wedding to prevent claims of last-minute pressure. Both must receive independent legal advice from separate solicitors. Full financial disclosure is essential—each party must reveal all assets, income, and debts. Sarah, 45, owns a £2 million marketing agency and is marrying David, 42, a teacher. Six months before their wedding, they instruct separate solicitors. Sarah discloses her business, £480,000 property, and £180,000 pension. Their prenup protects Sarah's business if they divorce, while their family home would be jointly owned. They sign eight weeks before the wedding, meeting the 28-day requirement.

Prenuptial agreements have critical implications for estate planning. Under the Wills Act 1837, marriage automatically revokes any existing will unless made "in contemplation of marriage" to that specific person. Couples must create new wills after marrying that align with prenup terms. Crucially, prenups influence what a surviving spouse can claim under the Inheritance Act 1975. While a prenup doesn't bar inheritance claims entirely, courts consider it evidence of what both parties regarded as "reasonable financial provision". James, 52, is remarrying with two children from his first marriage. He wants his £500,000 estate to pass to his children. His fiancée Emma, 48, has her own £300,000 property. They create a prenup where each keeps their pre-marital assets. After marrying, James updates his will leaving his estate to his children, with Emma receiving a life interest in the family home. The prenup may limit Emma's grounds to claim more under the Inheritance Act 1975.

Common Questions

"Are prenuptial agreements legally binding in the UK?"

Prenuptial agreements are not automatically binding in England and Wales, but courts give them "decisive weight" following Radmacher v Granatino (2010). Courts will uphold a prenup if it was freely entered into, both parties had independent legal advice, full financial disclosure was made, and upholding it would be fair.

"When should we sign a prenuptial agreement before our wedding?"

You must sign at least 28 days before your wedding for it to be valid. Ideally, instruct solicitors six months before to allow time for negotiation, full financial disclosure, and proper legal advice without pressure.

"How does a prenuptial agreement affect my will and inheritance planning?"

Your prenup and will should work together consistently. Marriage revokes any existing will unless made "in contemplation of marriage", so you'll need a new will after marrying. Your prenup may affect what your spouse can claim under the Inheritance Act 1975.

Common Misconceptions

Myth: Prenuptial agreements are only for wealthy people or celebrities

Reality: Prenups are valuable for anyone with assets to protect, including family homes, inherited property, business interests, or children from previous relationships. A teacher with a £250,000 house from a previous marriage has just as much reason to protect that asset for their children as a millionaire protecting their business empire.

Myth: Signing a prenup means you're planning to get divorced

Reality: A prenuptial agreement is financial planning, not divorce planning—similar to home insurance, you hope never to need it but it provides clarity if circumstances change. Prenups don't increase divorce likelihood; they simply reduce conflict and legal costs if divorce occurs.

  • Post-nuptial Agreement: Has identical legal effect to a prenup but is signed after marriage—useful if a couple didn't sign before their wedding.
  • Marriage: The event that activates the prenuptial agreement and automatically revokes any existing will unless made "in contemplation of marriage".
  • Financial Order: The court order dividing assets on divorce—prenups influence what courts order but don't replace judicial discretion.

Need Help with Your Will?

If you're remarrying or have assets to protect, your will must align with any prenuptial agreement. Your prenup protects assets on divorce; your will protects them on death—both documents must work together.

Create your will with WUHLD's guided platform for just £99.99. Preview your will free before paying—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.