How Do Prenups Work in England & Wales?

A prenup is a written agreement made before marriage setting out how assets, debts and financial interests should be treated if the marriage ends. While not automatically binding, courts can give them significant weight when they are entered into freely, with legal advice, disclosure and fairness.

For individuals with substantial wealth, business interests, or inherited assets, a prenuptial agreement can provide a structured and proactive way to manage financial risk. This guide explains how prenups work in practice, what they can cover, and how to ensure they are robust enough to stand up to scrutiny.

How Do Prenups Work in England and Wales?

A prenup can address the specific needs of the parties involved; and can protect a wide variety of financial interests and assets in the event of a divorce (as well as death of a spouse).

What does a typical prenuptial agreement cover?

A typical agreement can cover the following:

1. How the ownership of property and businesses should be divided.
2. How inheritance or assets held by either party prior to the marriage should be dealt with should they divorce.
3. How gifts from family members can be protected.

Why are they becoming more common among couples?

Prenups are becoming more common because couples have a greater awareness of the potential financial risks that arise on divorce. They are aware of both the legal and emotional costs of divorce and see prenups as a way to protect assets.

Who should consider having a prenup before marriage?

High-net-worth individuals or individuals with assets they want to protect in the event of a divorce should consider entering into a prenup before marriage. In addition, prenups would benefit couples who are bringing significant assets into the marriage or where there is clear wealth imbalance.

What can a Prenup Protect?

How can a prenup safeguard assets brought into the marriage?

If either party has significant assets which they are bringing into the marriage, there’s no guarantee they will be protected from division on divorce. ‘Non-matrimonial’ property is not defined with any certainty in case law.

Where one or both parties are bringing substantial pre-marital wealth into the relationship, advice on non-matrimonial assets and safeguarding finances can be just as important as the agreement itself.

Entering into a prenup records your agreement on how your pre-marital assets will be divided should you separate or divorce in the future.

Can they protect inherited wealth?

Yes, a carefully drafted prenup can protect family businesses, trusts or future inheritances. It can be used to safeguard family assets in the event of any dispute within the potential future divorce proceedings.

However, such agreements do not oust the jurisdiction of the courts, and it remains open to a court to choose to divide a couple’s assets in a manner that differs from the agreement. Particularly if there is a flow of benefit from the trust to the spouse during the marriage, the courts may decide that the assets should be considered as part of the financial settlement.

Even with a prenup in place, the court retains discretion on divorce, so understanding financial claims and orders is essential when assessing how much protection an agreement may offer in practice.

Do they help protect property passed down through generations?

A prenup can protect property passed down through generations by making it clear that they remain separate property, not marital property, even after the marriage comes to an end.

However, as above such agreements do not oust the jurisdiction of the courts, and courts may choose to divide a couple’s assets in a manner that differs from the agreement if the parties’ needs would not be met without doing so.

How do they address debts and financial liabilities?

If either party have significant debts or financial liabilities, a prenup can help protect the other’s assets from being used to pay them off.

If your main concern is preserving property, inherited wealth or business interests, our guide to property settlement after divorce explains the wider steps available to protect your position.

What Makes a Prenup Enforceable?

Are prenups legally binding?

It is very important to note that while pre-nuptial agreements are legal documents that will be considered by the courts, the existence of such an agreement does not prevent the court from choosing to divide a couple’s assets in a manner that differs from the prenup.

However, since the landmark case of Radmacher v Granatino (2010), the courts have made it clear that prenups can carry significant weight and will often be legally binding, provided certain conditions are met.

What steps can be taken to make a prenuptial agreement more likely to be upheld in court?

The Court in Radmacher emphasised that the following factors will generally have a bearing on the weight that the court should give to the existence of a prenup:

• Whether the agreement was entered into on the free will of the party entering into it i.e. there must be no duress or undue influence
• Whether the parties have full appreciation of the implications of the agreement
• Whether it would be “fair” to hold the parties to their agreement

Does full financial disclosure make a prenup stronger?

The judgment handed down by the Court of Appeal in Helliwell v Entwistle [2025] EWCA Civ 1055 examines the importance of full and frank financial disclosure when entering into a pre-nuptial agreement.

The starting point is to consider the Supreme Court decision in Radmacher v Granatino [2010], which confirms that the prenuptial agreement should be entered into freely by each party with “a full appreciation of its implications unless in the circumstances it would not be fair to hold the parties to the agreement”.

There must therefore be a certain level of financial disclosure to enable both spouses to have a full appreciation of their respective financial positions and understand the implications of them entering into a prenuptial agreement.

Anyone relying on a prenup should also understand what they may be entitled to in a divorce, as the court will still consider fairness, needs and the wider financial circumstances.

If a prenuptial agreement purports that both parties have fully and frankly disclosed their financial positions, when in fact one party has fraudulently represented the extent of their financial position, then this may render the agreement invalid.

This guide to financial disclosure in divorce further explains why incomplete or inaccurate disclosure can undermine later financial agreements.

What role does independent legal advice play in creating a valid prenup?

Parties to the agreement must ensure they both take independent legal advice to ensure that the agreement is considered legally binding by the courts. Both parties must have a full appreciation of the implications of the agreement and enter into it on their own free will.

How Can Prenups Be Adapted When Life Changes?

Can a prenup be updated or reviewed after marriage?

A prenuptial agreement should be reviewed periodically and updated where necessary to ensure that the agreement continues to meet the parties’ needs and reflects current circumstances. You should aim for a review every three to five years.

Do prenups still apply if circumstances change, such as children being born?

In these circumstances, you should update the prenup by either creating a postnuptial agreement that replaces the original, or having your prenuptial agreement reviewed and have the court decide if it should be disregarded or upheld during a divorce, potentially based on unforeseen changes in your life.

Can a prenup be challenged?

The existence of prenuptial and postnuptial agreements does not prevent it from being challenged during a divorce settlement.

If the prenup no longer continues to meet the parties’ needs or if circumstances change significantly, your prenuptial agreement may no longer be fair and could be challenged in court.

What happens if a partner refuses to sign a prenup?

You cannot force your spouse to sign a prenuptial agreement as each party must enter into the agreement of their own free will.

If your partner refuses to sign a prenup, you could consider involving a neutral third party i.e. a mediator who can explain the purpose of the agreement and the fairness of it. If your future spouse feels that the agreement is unfair, then consider amending the terms of the agreement.

When Should You Put a Prenup in Place?

When is the best time to discuss a prenuptial agreement with a partner?

Discussing a prenuptial agreement can be emotionally charged, it is therefore a good idea to discuss such an agreement with your partner as early as possible, certainly well before wedding plans are underway.

What information should be prepared before one is drafted?

Before a prenuptial agreement is drafted, both parties should engage in full and frank financial disclosure of their financial positions. This is so both spouses to have a full appreciation of their respective financial positions and understand the implications of them entering into a prenuptial agreement.

How long does an agreement typically take to negotiate and finalise?

Prenuptial agreements typically take between one and three months to negotiate and finalise. However, it is advised that you start the process of negotiating and finalising the prenup at least 3 to 6 months before the wedding to ensure the agreement is not signed under last-minute pressure.

Contact a prenuptial agreement Solicitor

Understanding how prenups work is one thing, ensuring yours is effective, enforceable, and tailored to your circumstances is another.

A well-drafted prenuptial agreement should do more than outline intentions, it should provide clarity, protect key assets, and stand up to scrutiny if ever relied upon. Achieving this requires careful planning, full financial transparency, and expert legal guidance at every stage.

Our family law solicitors, led by Partner and Head of Family Law Simon Magner Mawdsley, handle complex family matters and work closely with individuals and families to create bespoke agreements that reflect  the requirements and realities of modern relationships. Whether you are seeking to protect business interests, inherited wealth, or future financial security, our team provides clear, strategic advice designed to give you confidence moving forward.

Contact Our Solicitors