A prenuptial agreement, commonly referred to as a “prenup”, is a contract that couples may choose to enter into before marriage. According to research conducted by Handelsbanken Wealth & Asset Management, 11% of UK couples in marriages or civil partnerships have a prenup in place, with data showing that they are rising in popularity among younger couples.
Specialist UK Prenuptial Agreement Solicitors
In this expert guide to prenuptial agreements in the UK, Victoria Clarke – the Head of Family Law at Elite Law Solicitors and an award-winning, SRA-regulated solicitor – explains everything you need to know, covering areas such as legal enforceability, costs and drafting requirements. If you need clarity on what would happen to your assets in the event of a divorce, understanding how UK prenups work is essential before you say “I do”.
This guide is designed to answer the most searched and most important questions relating to prenups, including:
- Are prenuptial agreements legally binding in the UK in 2026?
- How much does a prenup cost in England and Wales?
- What should a prenuptial agreement include?
- Who should consider a prenuptial agreement – and when?
If you require specialist legal advice or assistance please book a free initial consultation with one of our UK prenuptial agreement solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
What is a Prenuptial Agreement?
A prenuptial agreement (often referred to as a prenup) is a contract entered into between two parties before they marry. It records the ownership of assets and details what will happen to these assets should the marriage break down and end in divorce.
In the simplest of terms, a prenup dictates “who gets what”, but there is a lot more to consider before deciding on signing a prenuptial agreement and there are many misconceptions about them.
Prenuptial agreements are often considered the preserve of very wealthy individuals, such as business people and celebrities, who are looking to protect their assets from a less wealthy future spouse.
This misconception may be a consequence of the fact that prenups will often appear in the news when famous people go through a public divorce. In actual fact anyone can get one and there are a number of reasons why you might consider a prenuptial agreement for marriage.
Are Prenuptial Agreements legally binding in the UK?
It is always important to remember that prenuptial agreements are not automatically legally binding under the laws of England and Wales. However, following the key Supreme Court case of Radmacher v Granatino in 2010 they can carry significant weight.
Although they are inherently complex, the guiding principle behind prenuptial agreements is simple: The court is highly likely to respect the parties ability to enter into such agreement and for this to be upheld against them, providing it is fair to do so.
What is “fair” is highly contextual to each couples financial circumstances and marriage. However, in general terms there are a number of points that will assist the parties in demonstrating that any agreement could be fair:
Exchange of financial disclosure
There should be adequate disclosure given by both parties so that the prenuptial agreement is based on clear and accurate information.
Independent legal advice
Both parties should seek the advice of independent solicitors so that they can fully understand the consequences and implications of the agreement.
Freedom from duress
Each party should also be able to demonstrate that they were able to reflect on the proposed terms without the pressure of being required to do so within a very short period of the marriage. Ideally a nuptial agreement should be entered into no less than 28 days before the marriage but it should be completed as far in advance as possible.
Each party’s needs must be met
A agreement is likely to fail if it leaves one party in a situation of unreasonable financial hardship. The court cannot consider an agreement fair if a party is unable to meet their needs or needs of any children involved.
Who should consider a Prenuptial Agreement?
Once you are married, any assets you formally owned yourself may become matrimonial assets. If they are treated as matrimonial assets, they are thrown into a proverbial pot, where they may be shared between you and your partner.
Should the marriage end in divorce, both partners will then have a claim on these assets.
A prenuptial agreement allows for each partner to ring-fence certain assets to protect them from this eventuality – and these assets don’t have to have a high financial value or even be in your possession at the time of signing the prenup.
There are many reasons to consider getting a prenuptial agreement, and we have outlined some of these reasons below.
Where there is an existing disparity in wealth between you and your partner
The most common reason for signing a prenuptial agreement is when one partner is bringing significantly more wealth or assets into the marriage than the other. The wealthier spouse would therefore stand to be disproportionately affected by a divorce in which assets were split equally.
A prenuptial agreement allows them to safeguard these assets, which they could have been building up for years or decades prior to the marriage.
Where there is an expectation of future wealth for one party
A prenup can protect assets you do not have at the time of signing. If one party expects to earn significantly more than the other through their career, their investments, or inheritance they stand to gain when a family member passes away, then a prenuptial agreement can be put into place to ensure that these future assets aren’t immediately assumed to be the shared property of both partners.
Where there is a business to protect
Assets don’t just come in the form of money, investments, property and other financial forms – if one partner entering into a marriage is a business owner, then their business also counts as a significant asset that a marriage and subsequent divorce could affect.
For the sake of both the owner of the business and to safeguard the future of any employees or other individuals dependent on the business, a prenuptial agreement that places the business outside of the pot of shared marriage assets is worth considering.
Protecting future inheritance
A prenuptial agreement can protect a future inheritance that one partner may expect to receive, but a prenuptial agreement can also safeguard an existing sum of money or assets intended to be passed on as inheritance to someone else.
It is common for people to marry or remarry at an older age after already having had children, and in this case, they may want to protect a portion of their own wealth that they intend to use to provide for these children from a previous relationship. A prenuptial agreement can keep these assets separate from any that are divided equally during a divorce.
Where there is the possibility of international divorce law
If you are marrying someone from abroad, there are occasions in which the laws applicable in your partner’s home country may affect you – particularly when it comes to settling divorce proceedings.
A prenuptial agreement can help you avoid falling foul of the laws related to the sharing of matrimonial assets in another legal jurisdiction.
The above is not an exhaustive list of reasons to consider signing a prenuptial agreement and just because one of these reasons applies to you or your future spouse that does not necessarily mean a prenuptial agreement will be right for you.
If you are unsure about whether you need a prenup, you may find it useful to talk to an appropriately experienced prenuptial agreement solicitor who will be able to give you expert, impartial advice tailored to your situation.
What is the process for getting a Prenuptial Agreement?
The process for getting a prenuptial agreement typically begins with each party outlining their expectations and concerns. This often involves discussions around the division of assets, spousal support, and how finances will be managed during the marriage.
Couples may opt for mediation to facilitate negotiations. Each party must have their own legal representative to ensure their interests are adequately protected and any potential bias is removed from the situation.
Once terms are agreed upon, the prenuptial agreement is drafted by a legal professional. This draft is then reviewed and revised as necessary until both parties are satisfied. It is advisable to start the negotiation process well in advance of the wedding date to ensure sufficient time for discussions and to avoid any suggestion of coercion.
What should a Prenuptial Agreement include?
Prenuptial agreements can cover a lot of different issues. When drawing up an agreement, your solicitor will advise you on what is appropriate to include. Some key considerations to be taken into account when preparing a prenup are:
- How property is divided: A prenuptial agreement should cover property each spouse brings with them into the marriage, as well as what will happen to the family home in the event of divorce.
- How money and savings will be treated: Both money and investments held separately, and savings and other money kept in joint accounts should be accounted for in a prenuptial agreement.
- How debts will be treated: A prenup should not just safeguard each partner’s existing assets, but also protect against debt liability should one spouse build up debts.
- The rights of children: A prenuptial agreement can also be used to dictate what rights children from a prior marriage have to any property or assets in the event the current marriage breaks down.
- Safeguarding family assets and inheritance: A prenup can be used both to ring-fence assets one partner intends to pass on as inheritance and to protect the expected future wealth either spouse may gain as a beneficiary of inheritance.
Advantages and disadvantages of Prenuptial Agreements
It should already be clear that deciding to sign a prenuptial agreement before marrying is something that requires careful consideration. The advantage of doing so is the solid foundation that an agreement provides for a marriage: sharing the details of your assets with your spouse, and thinking sensibly about how these assets should be handled in the unfortunate case that your marriage breaks down, creates a sense of transparency and security that is likely to be beneficial to your relationship going forwards.
On the other hand, that sense of security may be illusory as there is no way to guarantee that years or decades into the future the Court will uphold the agreement you make with your spouse today.
This begs the question of whether a prenuptial agreement is worth spending time and money on at all. If you are undecided, though, it is worth remembering that the legal precedent is increasingly shifting in favour of upholding prenuptial agreements, provided they are prepared correctly and don’t disproportionately favour one party or run contrary to the Matrimonial Causes Act.
Should you instruct specialist Prenuptial Agreement Solicitors?
One key issue that can make the difference between a prenuptial agreement being upheld or disregarded by the Court is whether each party sought independent legal advice prior to signing.
For this reason, it is important to involve appropriately experienced prenuptial agreement lawyers in the preparation of your prenup, and for both parties to receive advice from separate solicitors that can be proven to be impartial.
The involvement of specialist solicitors will make it easier to prove other important factors the Court will use to determine the validity of a prenuptial agreement, such as whether both parties fully disclosed their assets, and whether either party was under any duress or deception at the time the prenup was signed.
How much does a Prenuptial Agreement cost in the UK?
The cost of a prenuptial agreement in the UK can vary considerably depending on the complexity of the financial circumstances of the parties involved.
One thing that is certain, though, is that the cost of a prenup is both a fraction of the cost of an average wedding, and a fraction of a fraction of what you could stand to lose if you enter into a marriage with significant assets and no agreement in place.
Approximate cost of prenup UK
The cost of a typical UK prenuptial agreement will probably range between £1,500 and £3,000 plus VAT, with this figure increasing as the value of assets and the complexity of the case increases. Solicitors often point to a total asset value of £1 million as the limit for a fixed fee arrangement, beyond which a more bespoke service will be required, which will naturally incur larger fees.
If you are considering a prenuptial agreement and would like expert legal advice or assistance, please book a free initial consultation with one of our specialist prenuptial agreement lawyers by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
Frequently Asked Questions about Prenuptial Agreements
Below we cover some of the most common questions people ask about prenuptial agreements in the UK. While every relationship and family situation is different, these answers provide some general guidance on prenups including how common they are, what level of disclosure needs to be provided and what happens if you are marrying abroad.
How common are Prenuptial Agreements in 2026?
We are sometimes told by clients that they felt that a prenuptial agreement was only really applicable for the very wealthy or celebrities. They have images of teams of expensive, sharp suited lawyers in fancy offices testily negotiating which party keeps the yacht or the supercar.
This may have been the case in the past but in 2026, the landscape looks very different. Increasingly couples with much more normal financial circumstances are using prenuptial agreements as an effective tool to assist their marriage.
Research by Marriage Foundation suggests that one in five recently married couples report signing a prenuptial agreement, illustrating how these agreements are gradually become part of mainstream wedding planning.
What level of disclosure needs to be provided for a Prenuptial Agreement?
A key requirement for a prenuptial agreement is full financial disclosure. Both parties must provide a complete and honest account of their assets, liabilities, income, and potential inheritances.
Failure to provide full disclosure can result in a prenuptial agreement being challenged and potentially disregarded by the court in the event of a divorce. It is strongly recommended that both parties seek independent legal advice to ensure that the disclosure is thorough, and the agreement is fair and reasonable.
Can you use a Prenuptial Agreement if forming a civil partnership?
Yes. Since civil partnerships came into force in 2005, there has been a steady rise in the number of pre-civil partnership agreements, also known as ‘pre-cips’.
Even with the legalisation of marriage between same-sex partners in 2014, civil partnerships are still an appealing alternative to traditional marriage for many couples, regardless of sexual orientation.
As such, solicitors are more than willing to help these couples prepare their own pre-cip agreements to help them safeguard their assets and begin their partnership with a sense of security and transparency.
Can you get a Prenuptial Agreement after marriage?
A prenuptial agreement is, as the name suggests, something to be signed before marriage. But if you have left it too late and are already married, that does not necessarily mean you are out of luck.
In a landmark case in divorce / prenuptial agreement law, at the conclusion of McLeod v McLeod (2008) the Court ruled that a postnuptial agreement, signed after the marriage had taken place, could be upheld in the same way as a prenuptial agreement, provided it was prepared so that it met the same criteria for validity we have covered above.
Thus, if you are looking for something akin to a prenuptial agreement after marriage you in fact require a document known as a postnuptial agreement, also commonly referred to as a postnup.
What happens to assets acquired after a marriage or civil partnership?
Assets acquired after marriage, or marital assets can also be covered by a prenuptial agreement. When creating the initial agreement clauses can be included to define roughly how you and your partner agree to split marital assets should you divorce.
Once you are married, you can also add specific marital property to the prenuptial agreement document by amending it with the help of an appropriately experienced prenuptial agreement solicitor.
What if you are getting married abroad?
The enforceability of a UK prenuptial agreement may vary if you get married abroad. Different countries have different laws governing prenuptial agreements.
It is important to obtain legal advice in both the UK and the country where the marriage will take place. This ensures the agreement complies with the legal requirements of both jurisdictions.
For couples with international ties, consider the implications of potential relocation and the enforceability of the prenuptial agreement in other jurisdictions. In some cases, it might be necessary to have two agreements – one in the UK and another in the country of marriage – to ensure enforceability.
Does a Prenuptial Agreement require witnesses?
Yes, two witnesses should be present when you are signing a prenuptial agreement. These witnesses must be independent (not family members) and over the age of eighteen. They will also need to sign the agreement to record their witnessing and provide some basic details such as their address and occupation.
Can a Prenup be interpreted as a red flag?
One of the biggest misconceptions regarding prenuptial agreements is that they are at best unromantic, and at worst that they indicate a lack of faith in the longevity of the marriage. This could not be further from the truth, but because prenuptial agreements are only really discussed when they become part of a divorce, the many thousands of couples living happily married lives with prenuptial agreements rarely get any attention!
How long does a Prenuptial Agreement last?
Unless otherwise specified, a prenuptial agreement will typically last the lifespan of a couple’s marriage. In some cases couples may choose to build a “sunset clause” into the agreement that specifies an expiration date, but without a specific condition like this in place the agreement can be assumed to last indefinitely.
It is possible, and indeed advisable, to revise your prenuptial agreement to keep it up to date. A very old prenuptial agreement that does not account for circumstances, for example the birth of children or illness, that may have changed in the interim is more likely to lead to financial hardship and is less likely to be upheld by the Court.
What is the difference between a Prenuptial Agreement and a Cohabitation Agreement?
A cohabitation agreement is an agreement between a couple who are living together but not married. By signing a legal document, a cohabiting couple can give themselves the same protections usually only afforded to couples who are married or in a civil partnership, ensuring that if their relationship breaks down there are already rules in place determining what will happen to their shared assets, property, children, and other important matters.
A prenuptial agreement records similar decisions but is specifically intended for couples who are getting married. A prenup is designed to provide an alternative to the default entitlements for married couples as set out in the Matrimonial Causes Act.
If you want to cohabit with a partner but have no intention of getting married, a cohabitation agreement would be right for you. If on the other hand, you are preparing to get married, then you should consider signing a prenuptial agreement in advance of the wedding.
Can you write your own Prenup?
As with most legal documents, a quick search of the internet will bring up many websites selling pre-prepared templates for those looking to write their own prenuptial agreement document without involving a legal professional.
Whilst preparing your own prenuptial agreement may seem like a simple and cost-effective solution, in reality, prenuptial agreements are complex legal documents and if not properly drafted, may not hold up in Court and could be deemed unenforceable.
To ensure your prenuptial agreement is both fair and enforceable, it is highly recommended that you seek input from an appropriately experienced prenuptial agreement solicitor – it is a decision that could potentially save a sum many times that of the legal fees you will incur in the long run.
How our Prenuptial Agreement Solicitors can help
Victoria Clarke is a Director and the Head of Family Law at Elite Law Solicitors; she has extensive experience of advising and assisting clients with prenuptial agreements.
Victoria possesses the experience, legal expertise and practical know-how to guide you through the process and prepare a legally robust, bespoke prenuptial agreement tailored to your specific circumstances. As a testament to her expertise, Victoria was named as Lawyer of the Year at the Surrey Law Society (SLS) Legal Awards 2024.
Victoria regularly provides specialist legal advice on prenuptial agreements to clients all over the country and assists them with negotiating fair terms. In addition to office meetings, she offers remote meetings via telephone and video conferencing software and can assist you wherever you are based.
“Fantastic: Clear advice and a commercial approach”
“Victoria supported me in agreeing a prenuptial agreement and the experience was excellent. Advice was clear, commercial and timely. I wouldn’t hesitate to use again.”
Source: ReviewSolicitors
Book a FREE initial consultation
If you have any queries relating to any of the issues discussed in this article or would like any advice or assistance in relation to preparing a prenuptial agreement, please book a free initial consultation with one of our specialist prenuptial agreement solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified prenuptial agreement solicitors such as those within our firm.
