Prenuptial Agreement Solicitors in London

What is a prenuptial agreement?

A prenuptial agreement is a contract entered into by a couple before their wedding or civil partnership. It records what each person owns going into the marriage and agrees, in advance, how assets — property, savings, investments, business interests, pensions and debts — would be divided if the couple later divorces or dissolves their civil partnership.

Prenups are sometimes confused with postnuptial agreements, which cover the same ground but are signed after the wedding has taken place. Both are treated the same way by the courts.

Are prenuptial agreements legally binding in the UK?

No — not automatically. Family courts in England and Wales retain discretion over financial settlements on divorce under section 25 of the Matrimonial Causes Act 1973, and no private contract can remove that discretion entirely.

However, since the Supreme Court’s decision in Radmacher v Granatino [2010] UKSC 42, courts must give effect to a prenuptial agreement that was entered into freely, with a full understanding of its implications, unless it would be unfair to hold the parties to it. In practice, a well-drafted prenup that meets the safeguards below is very likely to be upheld.

Reform update (2026): In June 2026, the government opened a consultation proposing “qualifying nuptial agreements” — a new category of prenup that courts would be legally required to uphold, provided certain safeguards are met. This is only a proposal at present, not yet law, but it signals a clear direction of travel. A well-drafted agreement already carries substantial weight under the current law, so there’s no reason to wait for the reform before putting one in place — but it does mean the quality of your drafting now may matter even more once the new rules take effect, since agreements that already meet the proposed safeguards are more likely to qualify automatically.

What can a prenuptial agreement cover?

A prenuptial agreement can be tailored to your circumstances and typically addresses:

• Property owned before the marriage, in sole or joint names
• Savings and investment accounts
• Shares and stocks
• Pensions
• Business assets and ownership interests
• Income earned during the marriage (including future earnings, if a specific clause is included)
• Inheritance, both received and anticipated
• Debts brought into the marriage, so one spouse isn’t exposed to the other’s pre-existing liabilities
• How jointly acquired assets during the marriage will be treated

Does a prenuptial agreement protect future earnings?

Only if it’s drafted to. A prenup will not automatically capture income or assets built up after the wedding — you need a specific clause addressing future earnings, business growth, or assets acquired during the marriage for these to be covered. This is one of the most common drafting oversights we see in DIY or template agreements, so it’s worth having a solicitor review the wording carefully.

What can’t be included in a prenuptial agreement?

English courts will not enforce clauses covering:

• Child arrangements or child maintenance — decisions about children are made by the court based on the child’s best interests at the time, not on a prior agreement between the parents
• Lifestyle clauses — terms about personal conduct, weight, appearance, household chores or social activities have no legal standing
• Illegal terms — anything that breaches the law
• Anything manifestly unfair — a court can disregard or vary terms that would leave a spouse in genuine financial hardship, particularly where circumstances have changed materially since signing (for example, the birth of children, a serious illness, or a spouse giving up a career)

How long does a prenuptial agreement last?

A prenuptial agreement remains in effect for the duration of the marriage unless the couple agrees to change it. It is not fixed forever, though — many well-drafted agreements include a review clause, prompting the couple to revisit the terms at set intervals (for example, every five years, or after significant life events such as having children or a major change in wealth). This helps ensure the agreement stays fair and reduces the risk of it being successfully challenged later on the basis that circumstances have moved on.

Can a prenuptial agreement be changed after the wedding?

Once you’re married, you can’t simply amend the original prenuptial agreement — but you can enter into a postnuptial agreement instead. A postnuptial agreement covers the same ground as a prenup and is treated by the courts in exactly the same way; the only difference is timing, as it’s signed after the marriage rather than before it. This is a common route for couples who didn’t have time to complete a prenup before their wedding, or whose circumstances have changed significantly since they married.

How do I make a prenuptial agreement?

To give your agreement the best chance of being upheld by a court, we recommend:

1. Instruct a family law solicitor to draft the agreement — template or DIY prenups are far more likely to be successfully challenged
2. Both parties get independent legal advice from separate solicitors
3. Disclose all assets, debts and income fully and honestly to each other before signing
4. Sign well in advance of the wedding — ideally several months, and no later than 28 days before the ceremony
5. Make sure you both understand and agree to the terms willingly, without pressure from each other, family, or wedding planning deadlines

Why choose Adam Bernard for your prenuptial agreement?

• Specialist family law solicitors based in Central London (Holborn) and East London (Upton Park), regulated by the Solicitors Regulation Authority
• We advise business owners, high-net-worth individuals and those with complex asset structures across the UK and internationally
• Free initial consultation, available in person, by phone, or via Zoom, Teams, WhatsApp or Skype
• Clear, fixed-fee options available — ask us for a quote tailored to your circumstances

Frequently Asked Questions