Is a prenuptial agreement legally binding in the UK?

Question

My partner and I are getting married next year and I own a business I want to protect. Someone told me prenups are not worth the paper they are written on in this country. Is that true?

Lucy Hughes · Accepted Answer

Prenuptial agreements are not automatically binding in England and Wales in the way they are in some other countries, but that does not mean they are worthless. Since the Supreme Court decision in Radmacher v Granatino in 2010, the courts will usually give a prenup decisive weight if it was entered into freely, with a full and honest exchange of financial information, with both people having had the chance to take independent legal advice, and provided the terms are fair and do not leave one person in real hardship. Signing it well before the wedding also matters; the common guidance is to complete it at least 28 days before the ceremony so there is no suggestion of last-minute pressure. Done properly, a prenup is a genuinely useful tool for protecting a business or pre-owned assets.

Violet Wood · Answer

To give your agreement the best chance of being upheld, treat the formalities seriously: both of you should have separate lawyers, there should be full financial disclosure on both sides, and it should be signed in good time before the wedding rather than in the final days. The agreement also needs to make fair provision, particularly if you later have children, because a court will not enforce terms that leave a spouse or the children in real need. A well-drafted prenup that follows these steps is far more likely to be respected than a quick template. This is general information and you should take tailored advice.

Is a prenuptial agreement legally binding in the UK?

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