When two people decide in advance how their property and finances should be divided, they can spare each other a great deal of expense, delay and stress later on. Because a prenup is a formal legal document, it should be drafted clearly and professionally so that it is fair to both parties. Instructing an experienced prenuptial agreement solicitor in the UK, such as Sterling Law, helps ensure the agreement is properly prepared and carries the greatest possible weight if it is ever tested in court.
Key takeaways
- A prenuptial agreement (or “prenup”) is a written agreement made before marriage or a civil partnership that sets out how a couple’s assets, property and debts should be divided if the relationship ends.
- Prenuptial agreements are not automatically legally binding in England and Wales. However courts give them decisive weight when they are entered into freely, with full understanding, and where the outcome is fair.
- To stand the best chance of being upheld, a prenup should be supported by full financial disclosure, independent legal advice for each party, and should be signed in good time before the wedding.
- A prenup cannot remove the court’s power to provide for the reasonable needs of either spouse or any children.
Table of contents
- What Is a Prenuptial Agreement?
- Are Prenuptial Agreements Legally Binding in the UK?
- What Makes a Prenuptial Agreement More Likely to Be Upheld?
- Who Should Consider a Prenuptial Agreement?
- What Can a Prenup Agreement Include?
- What Cannot Be Included in a Prenuptial Agreement?
- When Should a Prenuptial Agreement Be Signed?
- How to Make a Prenuptial Agreement
- Do Both Partners Need Separate Solicitors?
- How Does Financial Disclosure Work?
- Can a Prenuptial Agreement Protect a Business?
- What Happens If You Divorce with a Prenup in Place?
- How Often Should a Prenup Be Reviewed?
- Our Experience
- How Much Does a Prenuptial Agreement Cost?
- Why Choose Sterling Law?
- FAQ
What Is a Prenuptial Agreement?
A prenuptial agreement is a formal written agreement made by two people before they marry or enter a civil partnership. It records the assets and debts each person brings to the relationship and sets out how their property and finances should be divided if they later separate, divorce, or one partner dies.
A prenup is sometimes called an “ante-nuptial agreement”, a “pre-marital agreement” or a “marriage contract”. In plain terms, it explains what each partner would keep, and how shared property would be shared, if the marriage or civil partnership came to an end.
Prenuptial agreements are often associated with wealthy or well-known individuals, but they can benefit almost any couple. They are particularly useful where one partner owns a business, holds property, expects an inheritance, or has children from an earlier relationship.
Prenuptial vs Postnuptial Agreements
A postnuptial agreement performs the same function as a prenup, but it is signed after the couple has married or formed a civil partnership. Couples often enter into one when their financial circumstances change significantly during the marriage.
| Feature | Prenuptial agreement | Postnuptial agreement |
| When it is signed | Before marriage or civil partnership | After marriage or civil partnership |
| Main purpose | Protect assets brought into the relationship | Address assets and changes arising during the relationship |
| Treated by the courts | Given weight if fair and properly made | Given weight if fair and properly made |
| Can it be changed? | Replaced or updated by a later agreement | Can be updated by a further agreement |
Are Prenuptial Agreements Legally Binding in the UK?
No. Prenuptial agreements are not automatically legally binding in England and Wales, because there is currently no statute that makes them so. In practice, however, the courts now treat a properly prepared prenup as a powerful indication of what the couple intended, and will usually uphold it.
What the Court Considers
When a marriage ends, the court divides the couple’s finances under section 25 of the Matrimonial Causes Act 1973 (and the equivalent rules for civil partnerships). The court must weigh up all the circumstances, including each party’s income, needs, contributions and responsibilities. A prenuptial agreement is one important factor in that exercise, but the court keeps the final say and can depart from the agreement where fairness requires.
In recent years, the courts have continued to reinforce that the process behind an agreement matters as much as its terms. Agreements supported by proper disclosure, time and independent advice are far more likely to be upheld, while agreements affected by pressure or by a failure to disclose assets honestly may be set aside.
What Makes a Prenuptial Agreement More Likely to Be Upheld?
To give your prenuptial agreement the best chance of being respected by a court, it should meet the conditions established by case law and recommended by the Law Commission. These are:
- Entered into freely. Neither party should sign under pressure, threat or undue influence.
- Full financial disclosure. Both partners must give a complete and honest account of their assets, income and debts. Concealing assets can make the agreement unenforceable.
- Independent legal advice. Each party should take advice from their own solicitor so that both understand the agreement and its consequences.
- Signed in good time. The agreement should be completed well before the wedding. The Law Commission recommended a minimum of 28 days before the ceremony so that neither party feels rushed.
- Fair terms. The agreement must not leave either spouse, or any children, in real financial hardship. The court is most concerned with meeting reasonable needs.
Who Should Consider a Prenuptial Agreement?
A prenuptial agreement may be especially worthwhile if one or both partners:
- own significant property or financial assets acquired before the marriage;
- own, or hold a share in, a business;
- expect to receive an inheritance or are part of a family with generational wealth;
- have children from a previous relationship whom they wish to protect financially;
- have debts, or anticipate taking on debt that they do not want their partner to share.
A prenup is not a sign of mistrust. It is simply a sensible way to set clear expectations before marriage, much as people plan other important financial matters.
What Can a Prenup Agreement Include?
A prenup agreement can cover many financial matters, but it must be drafted with care. The aim is to create clear terms that a court can understand and, where fair, give weight to.
A prenuptial agreement may include:
- property owned before the marriage;
- property bought during the marriage;
- family gifts and inheritance;
- business ownership, company shares and business income;
- savings, investments and bank accounts;
- pension considerations;
- personal and joint debts;
- financial support between spouses;
- treatment of future income or bonuses;
- international assets;
- review dates and events that should trigger review.
What Cannot Be Included in a Prenuptial Agreement?
Some matters cannot be safely controlled by a prenup as if the document were final and unchangeable.
| Issue | Why caution is needed |
| Child arrangements | Decisions about where children live and how they spend time with each parent must be based on the child’s welfare at the relevant time. |
| Child maintenance | Statutory child maintenance rules may apply and cannot simply be removed by private agreement. |
| Future financial needs | A court may depart from the agreement if it does not meet reasonable needs at the time of divorce. |
| Personal behaviour clauses | Clauses about lifestyle, blame or personal conduct may have limited legal value in financial remedy proceedings. |
| Attempts to exclude court powers completely | The court keeps discretion in England and Wales and cannot be forced to approve an unfair outcome. |
A prenuptial agreement lawyer should explain what can realistically be achieved and where the limits are. This avoids a document that looks clear on paper but later fails when tested.
When Should a Prenuptial Agreement Be Signed?
A prenuptial agreement should be completed and signed well before the wedding, and ideally at least 28 days beforehand. Signing too close to the ceremony can suggest that one party was rushed or pressured, which may weaken the agreement if it is later challenged.
In practice, it is sensible to begin the process two to three months before the wedding. This gives both partners time to gather financial information, take independent advice and negotiate terms calmly.
How to Make a Prenuptial Agreement
A prenuptial agreement should be in writing and signed by both parties. To give it the strongest possible standing, you should:
- Speak to a family law solicitor about your circumstances and what you wish to protect.
- Instruct an experienced prenuptial agreement solicitor to prepare the document, while your partner takes advice from their own solicitor.
- Exchange full and honest financial disclosure with your partner.
- Make sure you both understand the terms and the consequences of the agreement.
- Sign the agreement freely, without pressure, and in good time before the wedding.
Do Both Partners Need Separate Solicitors?
Yes, both partners should usually have separate solicitors. One solicitor cannot properly advise both parties where their financial interests may differ.
Separate legal advice helps show that each person understood the agreement and had a fair chance to ask questions before signing. It also reduces the risk of a later argument that one person did not understand the effect of the prenup.
This does not mean the process has to be hostile. Many couples approach it cooperatively. The role of each solicitor is to protect their client’s position, explain the legal effect and help create an agreement that is more likely to withstand scrutiny.
How Does Financial Disclosure Work?
Financial disclosure means each person provides clear information about their financial position before the agreement is signed. This normally includes assets, liabilities, income and expected future interests where relevant.
Disclosure may include:
- property valuations or mortgage information;
- business accounts or shareholding details;
- bank accounts and savings;
- investment portfolios;
- pensions;
- debts and personal guarantees;
- trust interests;
- expected inheritance where relevant;
- overseas assets.
Disclosure does not always need to be as detailed as full court disclosure in divorce proceedings. It must still be accurate enough for each person to understand the financial context of the agreement.
If financial disclosure is incomplete or misleading, the agreement may carry less weight. A person cannot make a fully informed decision if important information is missing.
Can a Prenuptial Agreement Protect a Business?
A prenuptial agreement can help protect a business, but it must be carefully drafted. Business assets can be complex because their value, income, liquidity and ownership structure may change over time.
A prenup can state whether the business should remain separate property, how growth in value should be treated, and whether any income drawn from the business should be considered differently from the underlying shares.
This is especially relevant for founders, shareholders, family businesses and professional practices. It may also matter where there are investors, co-founders or other shareholders who want to avoid disruption from personal family proceedings.
For business owners, a strong agreement should consider:
- the current value and structure of the business;
- whether shares were owned before the marriage;
- whether the other spouse will contribute to the business;
- how dividends or salary will be treated;
- whether business growth during marriage should be shared;
- whether liquidity is available without harming the company;
- how to avoid disruption to employees, investors or partners.
A prenuptial agreement solicitor should also consider whether company documents, shareholder agreements or trust arrangements need to be reviewed alongside the prenup.
What Happens If You Divorce With a Prenup in Place?
If you divorce with a prenup in place, the agreement will be considered as part of the financial settlement. If both parties accept that it should be followed, it may help them reach a consent order without contested court proceedings.
If one party challenges the agreement, the court will look at the circumstances in which it was made and whether the outcome remains fair. The court may uphold the agreement, give it partial weight, or depart from it where the facts justify that.
A court may be more cautious where:
- one party did not receive proper legal advice;
- disclosure was incomplete;
- the agreement was signed very close to the wedding;
- there was pressure or inequality of bargaining power;
- there are children whose needs were not considered;
- the agreement leaves one person without reasonable housing or income;
- circumstances have changed substantially since signing.
For this reason, a prenup should not be treated as a document to prepare once and forget. It should be reviewed after major life changes.
How Often Should a Prenup Be Reviewed?
A prenuptial agreement should be reviewed after major life events and, in many cases, at agreed intervals. A review does not always mean the agreement must be replaced, but it helps confirm whether the terms remain fair and practical.
Review may be sensible after:
- the birth or adoption of a child;
- a major increase or decrease in wealth;
- sale or growth of a business;
- receiving inheritance;
- buying a family home;
- relocation to or from another country;
- long-term illness or disability;
- a long period of marriage;
- one spouse leaving work to care for children.
Some couples use a postnuptial agreement to update the original prenup. This can be useful where the original document no longer reflects the family’s circumstances.
Our Experience
Sterling Law has a track record of successful prenuptial agreements involving various sums of money, assets, and wealth. In the jurisdiction of England and Wales, we have worked with high-net-worth individuals as well as numerous family units. As a result, we are well-versed in both standard pre-nuptial agreements and high worth cases. We have summarised some material facts from cases we have handled below.
Unlike financial remedy orders, it does not matter if the parties’ assets are significantly different. For example, we recently drafted and executed a pre-nuptial agreement between two parties, one of whom had £300,000 in total assets and the other nearly £1,000,000. We were successful in negotiating and obtaining agreement from both parties on the terms. Similarly, we worked on securing and executing a pre-nuptial agreement between two parties, one with over £6 million in assets and a high income, and the other with assets totalling £500,000.
A more common example is the declaration of assets with similar values, such as £10,000 versus £12,000, to use a recent example. Importantly, in this case, as in others, pre-nuptial agreements consider generational wealth by declaring future inheritance. This is significant because it safeguards family wealth, assets, and income. Despite having only £10,000 in assets, our Client had future assets worth over £700,000 in inheritance. We were able to declare and include everything in the agreement.
Of course it is always important to remember when drafting pre-nuptial agreements that any agreement reached is fair. This does not mean an equal split of the assets as seen above but it does require careful consideration as to how each parties’ share is calculated.
Therefore, in the event that the party’s relationship breaks down, we have the reassurance and peace of mind that our client’s assets will be better secured and protected, than if they had not entered into an agreement. Based on the foregoing, we strongly recommend for you to deal with the logistics and legalities in advance, to avoid risking far more in the future.
How Much Does a Prenuptial Agreement Cost?
The cost of a prenuptial agreement depends on the complexity of the couple’s finances and the level of negotiation involved. A straightforward agreement will cost less than one involving businesses, trusts or international assets.
At Sterling Law, we offer flexible fee arrangements for preparing prenuptial agreements and will confirm the cost for your particular case once we understand your circumstances and requirements.
Why Choose Sterling Law?
Sterling Law advises private clients and families on prenuptial and postnuptial agreements in England and Wales. Our team can help you understand what a prenup can realistically achieve, how to prepare financial disclosure, and how to structure terms that are clear, fair and practical.
Clients instruct Sterling Law for support with:
- prenuptial agreements before marriage or civil partnership;
- postnuptial agreements after marriage;
- business assets and company shares;
- inherited wealth and family gifts;
- property owned before marriage;
- international family law issues;
- cross-border assets and relocation concerns;
- financial remedy advice linked to divorce or separation.
Sterling Law combines family law advice with wider experience in private client, business, immigration and international matters. This is useful where a prenup involves more than a simple division of personal savings, such as business ownership, overseas assets or family wealth planning.
To discuss a prenuptial agreement, postnuptial agreement or related family law issue, contact Sterling Law and arrange a consultation with our family law team.
Frequently Asked Questions
Are prenuptial agreements legally binding in the UK?
Not automatically. In England and Wales, courts give a properly prepared prenup decisive weight if it was entered into freely, with full disclosure, and the terms are fair.
Do I need a solicitor to make a prenuptial agreement?
It is strongly recommended. Each party taking independent legal advice is one of the key factors that makes an agreement more likely to be upheld.
Does a prenuptial agreement need to be notarised?
No. There is no requirement in England and Wales for a prenuptial agreement to be notarised. It should be in writing, signed by both parties, and supported by disclosure and independent advice.
How long before the wedding should we sign?
The agreement should ideally be signed at least 28 days before the ceremony, and beginning the process two to three months ahead is sensible.
Can a prenuptial agreement be changed after marriage?
A prenup cannot simply be altered once signed, but a couple can enter into a postnuptial agreement to vary or replace its terms after they marry.
What happens if one partner hides assets?
Failing to give full and honest financial disclosure can make the agreement unenforceable, as recent case law has confirmed.
Can a prenup decide child arrangements?
No. A prenuptial agreement cannot determine child maintenance, custody or contact; these remain matters for the court, which always prioritises the child’s welfare.
Is a prenuptial agreement only for wealthy people?
No. While often linked with high-net-worth individuals, a prenup can benefit any couple who wishes to set out clear financial arrangements before marriage.
