A prenuptial agreement, usually shortened to prenup, records how a couple intends to divide their money, property and other assets if their marriage ends. It is agreed before the wedding, while a similar arrangement made after marriage is known as a postnuptial agreement.
The conversation is no longer confined to the very wealthy. A prenup may be considered where one person owns a home, business or investments before the marriage, expects to receive an inheritance, has children from an earlier relationship or is entering the marriage with significantly more wealth than their partner. It can also record how debts, pensions and jointly acquired property should be approached.
Its purpose is not to predict that the marriage will fail. For many couples, it is about discussing financial expectations openly and reducing uncertainty should their circumstances change.
The important legal point is that prenups are not automatically enforceable in England and Wales. If a marriage ends and the couple cannot agree on their finances, the family court retains the power to decide the outcome under the Matrimonial Causes Act 1973.
The court must consider all the circumstances, including each person’s income, property, earning capacity, financial needs and responsibilities. It also considers the couple’s ages, the length of the marriage, their standard of living, any disabilities and the contributions each has made to the family. The welfare of any child of the family under 18 must be the court’s first consideration.
This means a prenup cannot simply remove the court’s responsibility to reach an appropriate financial outcome. However, a properly prepared agreement may still have considerable influence. The circumstances in which it was made, the information available to each person and whether its terms continue to meet the family’s needs can all be important.
Pressure and secrecy can weaken an agreement. Couples should allow enough time for proper consideration, provide accurate information about their finances and obtain separate legal advice. An agreement prepared immediately before the wedding, without meaningful disclosure or under pressure from one partner, is more likely to create problems later.
Life may also change considerably after the agreement is signed. The birth of children, illness, disability, career changes, inheritances or a significant increase or reduction in wealth may affect whether its original terms remain appropriate. Reviewing the agreement after major life events can help ensure it continues to reflect the couple’s circumstances.
The law in this area may change. In June 2026, the government published its A Fairer End to Relationships consultation, which proposes introducing qualifying nuptial agreements.
Under the proposals, qualifying agreements would have to satisfy specific safeguards. These include being completed as a deed, being made more than 28 days before the wedding or civil partnership ceremony, providing material financial disclosure and ensuring that each person receives independent legal advice. The proposed system would not allow couples to exclude provision for essential financial needs.
These proposals are not current law. Until legislation is introduced and brought into force, courts in England and Wales retain their existing powers over financial arrangements following divorce.
The Law Commission’s work on matrimonial property, needs and agreements has also examined how greater certainty might be introduced while protecting financially vulnerable spouses and children. That balance remains central to the debate: couples may want more control over their financial future, but an agreement should not leave one person unable to meet their reasonable needs.
A prenup may therefore provide valuable clarity, but it should not be treated as a guaranteed way to protect every asset. Its strength depends on how it was prepared, the circumstances in which it was signed and whether it remains appropriate when the marriage ends.
This article covers the law in England and Wales. Different law and procedures apply in Scotland and Northern Ireland.
