Pre- and Post-Nuptial Agreements

What is a nuptial agreement?

A pre-nuptial agreement (a prenup) is made before a marriage or civil partnership, and a post-nuptial agreement is made during it. Both record how you want your money and property to be dealt with if the relationship ends. They are most often used to protect assets that one person brings to the marriage, such as a business, inherited wealth or property from an earlier marriage.

Are they legally binding?

Not strictly, in England and Wales. A court is not bound by a nuptial agreement, but since the Supreme Court decision in Radmacher v Granatino it will give effect to one that was entered into freely, with a proper understanding of what it means, unless it would be unfair to hold the parties to it. In practice, a well-made agreement carries real weight. An agreement that leaves one spouse unable to meet their needs is unlikely to be upheld in full.

Making one that stands up

Independent legal advice for each of you.
Full financial disclosure from both sides.
No pressure. Sign well before the wedding, and at least 28 days before is a common guide.
Fairness. The terms should meet each person's needs and be reasonable for any children.
Review it after major life changes, such as children, a move or a change in finances.

Who they suit

Nuptial agreements can help if you are remarrying and want to protect children from an earlier relationship, own a business, expect an inheritance, or are bringing significantly more assets to the marriage than your partner. They can also give both of you certainty and avoid expensive argument later.

Is the law changing?

The Law Commission has recommended making some nuptial agreements legally binding, and the government consulted in June 2026 on reforming how courts divide finances on divorce. The law has not changed yet. We will update this page if it does.

See also our guide to financial settlements on divorce.

Frequently asked questions

Is a prenup legally binding in England and Wales?

Not strictly. A court is not bound by a nuptial agreement, but it can give it decisive weight if it was entered into freely, with full financial disclosure and legal advice, and if it is fair at the time it is relied upon. Courts will not enforce an agreement that leaves one spouse without enough to meet their needs.

Can a prenup decide arrangements for the children?

No. The court always decides what is best for the children, and is not bound by an agreement between the parents on this.

Can we make an agreement after the wedding?

Yes. A post-nuptial agreement is made during the marriage and follows the same principles. Agreements can also be made by civil partners.

When should we make a prenup?

As early as possible, and well before the wedding, so that neither of you feels under pressure. A common guide is to sign at least 28 days before the ceremony.

Useful links

Resolution — family justice professionals committed to a constructive approach
GOV.UK: Money and property when you divorce or separate — official guidance

More helpful sites are collected on our useful links page. We are not responsible for the content of other websites. This page gives general information, not legal advice, and is correct as at October 2026.