Prenuptial agreements have become increasingly common for couples who want to agree in advance how their finances should be dealt with if their marriage later breaks down.
However, despite their increasing use, prenuptial and postnuptial agreements are not currently automatically legally binding in England and Wales.
That could change following proposals published by the Government in June 2026.
What is a nuptial agreement?
A prenuptial agreement, often referred to as a “prenup”, is an agreement entered into before marriage which sets out how a couple would like their finances to be dealt with if they separate or divorce.
A postnuptial agreement serves a similar purpose but is entered into after the couple are already married.
They can be particularly useful where one or both parties have significant assets before marriage, expect to receive an inheritance, have children from a previous relationship, or simply want greater certainty about their financial arrangements.
Are prenups currently legally binding?
Not automatically.
The Supreme Court considered the status of prenuptial agreements in the important case of Radmacher v Granatino. The Court confirmed that, where certain safeguards are satisfied, an agreement should generally be given effect unless it would be unfair to do so.
However, the Family Court retains a discretion when deciding financial matters following divorce.
This means that a nuptial agreement can carry significant weight, but it does not currently provide the same certainty as a legally binding contract in the way that couples may expect.
What is the Government proposing?
The Government’s June 2026 consultation, A Fairer End to Relationships, proposes the introduction of qualifying nuptial agreements.
The intention is that qualifying agreements would enable couples to make binding financial arrangements in advance of divorce or dissolution.
The Government says that this could give couples greater autonomy and certainty and potentially reduce disputes when relationships come to an end.
However, this would not mean that couples could simply agree that one person will receive nothing following divorce.
What safeguards are being proposed?
The proposals include safeguards designed to protect both parties and prevent someone from being pressured into signing an agreement.
These include requirements relating to the validity of the contract, execution as a deed and confirmation that both parties understand the nature and effect of the agreement.
The proposals also contemplate requirements around financial disclosure, independent legal advice and the timing of the agreement. In particular, the consultation considers a requirement for the agreement to be entered into at least 28 days before the wedding.
Importantly, the Government proposes that qualifying nuptial agreements should not allow couples to contract out of meeting each other’s financial needs or the needs of their children.
Does this mean prenups will soon be legally binding?
Not yet.
The Government’s proposals were the subject of a consultation which closed on 14 August 2026. The outcome of that consultation and any subsequent legislation will determine whether and how the proposals are introduced.
For now, the existing law concerning prenuptial and postnuptial agreements continues to apply.
Should you consider a prenup now?
For some couples, entering into a nuptial agreement can still provide valuable clarity and help reduce uncertainty if the relationship later breaks down.
It is important, however, that the agreement is prepared properly. Both parties should have sufficient time to consider the terms, provide appropriate financial disclosure and obtain independent legal advice.
A nuptial agreement should not be viewed simply as a document to protect the wealthier spouse. A well-prepared agreement should consider the circumstances and needs of both parties and any children.
If you are considering getting married and would like advice about a prenuptial agreement, or if you are already married and are considering a postnuptial agreement, our family law team can advise you about your options.
