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What is a Prenuptial Agreement?
Few people enter into a long-term commitment to someone else, thinking about it all going wrong. Prenuptial and pre-civil partnership agreements provide clarity regarding asset distribution and financial arrangements in case of separation, ensuring a fair and agreed-upon resolution.
Prenuptial and pre-civil partnership agreements, however, are not automatically binding in England and Wales (meaning they can’t be enforced as a contract) but after the landmark case of Radmcher v Granatino in 2009 they have become highly influential and providing they are properly drafted, are usually accepted by the courts of England and Wales.
For the court to take a prenuptial or pre-registration civil partnership agreement into account, you have to show that:
- You both had independent legal advice
- You both disclosed fully and frankly to each other the details of your financial position
- Neither of you has been pressured to enter into the prenuptial or pre-registration agreement.
- The agreement was signed at least 28 days before the ceremony.
- The agreement is essentially fair.
What to Expect From Our Prenuptial Agreement Solicitors?
Our expert prenuptial agreements lawyers have experience in handling prenuptial agreements and pre-civil partnership agreements.
Watch our video below for our legal advice on civil partnerships and same-sex marriages.
Why Choose TV Edwards?
Our specialist family team is top ranked in Chambers UK and highly commended in the Legal 500 2025 legal directories. The department has been recognised in The Times as a top 20 firm for family law in their 2025 guide.
Having a large team of dedicated and specialist solicitors means that we can advise in a wide range of family cases, including divorce, finances and children. Our specialist expert divorce solicitors handle complex cases with significant assets. Our specialist children lawyers are often at the forefront of family law handling groundbreaking cases in the high court and court of appeal.
We are passionate about the work do and are committed to provide exceptional client service to get you the best possible outcome in often stressful circumstances.
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Prenuptial Agreement Frequently Asked Questions
Why Should I Consider a Prenuptial Agreement?
A prenuptial agreement provides clarity and security regarding your finances, protecting the assets of both people and addressing potential future disputes.
A prenuptial agreement isn’t about expecting divorce; it’s about protecting both parties if things don’t go as planned.
In England and Wales, prenups aren’t automatically binding, but courts take them seriously—especially if they’re fair, properly drafted, and both partners had legal advice. Here’s why you should consider one:
1. Protect Your Assets – If you’ve worked hard for your wealth, property, or business, a prenup ensures they stay yours.
2. Clarity & Fairness – Divorce can be messy, but a prenup sets clear financial expectations, reducing conflict and legal fees.
3. Safeguard Inheritances – If you have family wealth or children from a previous relationship, a prenup protects their future.
4. Debt Protection – Don’t want to be responsible for your partner’s pre-marriage debts? A prenup can draw the line.
Think of a Pre-nuptial like insurance—you hope you never need it, but you’ll be grateful if you do. It’s a smart, modern way to enter marriage with transparency and security. Plan for the best, prepare for the worst.
Are Prenuptial Agreements Legally Binding?
Pre-nuptial agreements are not automatically binding in English law. However, when properly drafted they are highly persuasive and the courts now routinely enforce properly drafted prenuptial agreements. There is a long line of cases which have been decided since Radmacher v Grantatino in 2009 which demonstrate the courts are becoming more comfortable with pre-nuptial agreements to the point that a properly drafted one can be relied upon.
How Much Does A Prenuptial Agreement Cost?
See our funding guide for more information.
What Cannot Be Included In A Prenup?
Prenuptial agreements are designed to exclude anything unfair or illegal, as well as child arrangements, personal matters (including intimacy and household chores).
Can You Put A Cheating Clause In A Prenup?
Pre-nuptial agreements do not contain clauses which focus on infidelity. The effect of someone’s infidelity will be matter for the other party to the relationship. Rather, pre-nuptial agreements are triggered when the relationship comes to end and (terminates). The trigger factors for the termination of a relationship will be personal and not prescribed in an agreement. If your partner is unfaithful, you may decide that is cause to end the relationship and trigger the prenuptial agreement – but that is different to an automatic “cheating clause.”
What Is The Difference Between A Prenuptial Agreement and a Postnuptial Agreement?
Both prenuptial and postnuptial agreements outline financial arrangements in case of separation, but postnuptial agreements are signed after a marriage takes place. Whereas prenuptial agreements are signed before.
Can Anything Cancel Out A Prenup?
If a prenuptial agreement is signed under duress, contains unfair terms or was signed without the provision of full financial disclosure, a court may set it aside. Other changes in circumstances, such as children being born, can impact the prenup’s enforceability.
Can You Change A Prenup After Marriage?
Yes, after a marriage takes place a prenuptial agreement can be amended by creating a postnuptial agreement. Both parties must agree to the changes and, as with a prenuptial agreement, it must be properly drafted and signed.
How Long Do Prenuptial Agreements Last?
Unless a prenuptial agreement is revoked, replaced by a postnuptial agreement or challenged in court, it remains in effect indefinitely. It’s also possible to include review clauses to update the terms after a certain period or event.
What Happens If There Is No Prenup?
Without a prenuptial agreement, assets and finances will be divided according to English family law in the event of a divorce. This can be complicated, especially if it is necessary to involve the court. Under the Matrimonial Causes Act the court has a very wide discretion to decide who should get what and the solution provided by the court dos not always suit the parties involved. Please see our section on divorce and the financial implications of divorce.
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