A prenuptial agreement (prenup) is a legal contract couples sign before marriage, setting out how assets, debts, and finances will be handled if they separate. Once rarely used in the UK, prenups are becoming increasingly popular. In this guide, we explore when prenups became legally recognised, how they work, and what the future holds for prenuptial agreements in the UK.
What is a prenuptial agreement?
A prenuptial agreement (prenup) is a legal contract a couple signs before getting married, outlining how their assets, property, and finances will be divided if they separate or divorce. While often associated with high-net-worth individuals, prenups can benefit anyone - helping protect personal savings, business interests, future inheritances, or ensuring that assets from a previous marriage stay within a family.
Are they legal in the UK?
Prenuptial agreements aren’t automatically legally binding in the UK. Unlike in some other countries, UK courts don’t have to enforce them. Courts in England and Wales decide financial settlements based on factors like income and responsibilities, as set out in section 25 of the Matrimonial Causes Act 1973 and schedule 5 of the Civil Partnership Act 2004.
When did prenups become legal?
Prenuptial agreements have existed in the UK for years, but they weren’t widely recognised by courts until 2010. The turning point came with the Radmacher v Granatino case, where the Supreme Court ruled that prenups should be upheld if both partners entered into them freely, with full financial disclosure, and the terms are fair. Since then, courts have given prenups significant weight, making them a valuable tool for financial planning in marriage.
Radmacher vs. Granatino explained
The Radmacher v Granatino (2010) case was a landmark moment in UK family law, setting a precedent for how prenuptial agreements are treated in divorce settlements.
The background
Katrin Radmacher, a wealthy German heiress, and Nicolas Granatino, a French investment banker, signed a prenuptial agreement before their marriage. The prenup stated that Granatino would not make any financial claims against Radmacher’s wealth if they divorced. Years later, their marriage ended, and Granatino challenged the agreement, arguing that he should receive a financial settlement despite what the prenup stated.
The Supreme Court's ruling
The UK Supreme Court ruled in Radmacher’s favour, stating that prenups should be upheld unless they are unfair. This was a major shift in UK law, as courts had previously been reluctant to enforce these agreements. The ruling established key principles for prenups in the UK:
They must be fair – Courts will not enforce prenups that leave one party in financial hardship.
Both parties must enter willingly – No pressure or coercion should be involved.
Full financial disclosure is required – Hiding assets can make a prenup invalid.
Independent legal advice is recommended – This ensures both parties understand what they are agreeing to.
Why it matters
Before this case, prenuptial agreements had little legal standing in the UK. While they are still not automatically binding, the Radmacher ruling means that courts now give prenups significant weight - especially if they meet fairness and transparency requirements. This decision has made prenups a practical option for couples wanting to protect their assets and set clear financial expectations before marriage.
The growing rise in popularity for prenups
Since the Radmacher case, prenuptial agreements have become increasingly popular among couples in the UK. According to sources like Marriage Foundation, one in five weddings now start with a prenup.
So, why the rise in popularity? Here are some of the key reasons couples are choosing prenups:
Protecting personal wealth: Individuals with significant savings, property, or investments want to ensure their assets remain secure in case of divorce.
Safeguarding business interests: Entrepreneurs and business owners use prenups to prevent their company assets from becoming marital property. This ensures business continuity and avoids complicated disputes.
Preserving family inheritances: Many families encourage prenups to keep inherited wealth within the family, preventing it from being divided in a divorce.
Second marriages and blended families: Those entering a second marriage often want to protect assets for children from previous relationships. A prenup helps set clear expectations for financial responsibilities.
Clarifying debt responsibilities: A prenup can specify that one partner’s debts remain their own, preventing financial strain on the other spouse.
The future of prenups in the UK
In February 2014, the Law Commission proposed changes to make prenuptial agreements legally enforceable in England and Wales. Their report, Matrimonial Property, Needs and Agreements, suggested introducing 'qualifying nuptial agreements' (QNAs) - binding contracts that would allow couples to set financial terms for divorce or dissolution.
For a prenup to be legally enforceable under these recommendations, it would need to meet specific legal requirements. However, courts would still protect financial fairness, meaning couples couldn't use a prenup to avoid providing for each other or their children in a divorce.
💡 Where does this stand now? As of now, the government has not yet acted on this recommendation, meaning prenups remain not automatically binding in UK law. However, courts increasingly uphold well-drafted prenups - especially when both parties have received independent legal advice and fully disclosed their finances.
FAQs
Are prenups always enforceable in the UK?
No, but courts are more likely to uphold them if they meet fairness requirements and were signed with full financial disclosure and independent legal advice.
Are postnuptial agreements legal in the UK?
Yes, postnuptial agreements (postnups) are legal in the UK, but they’re not automatically binding. However, UK courts increasingly uphold them - especially if both partners entered into the agreement voluntarily, received independent legal advice, and fully disclosed their finances.
Can a prenup be overturned in the UK?
Yes, a prenup can be set aside if it is deemed unfair, one party was pressured into signing it, or there was a lack of financial transparency.
Final thoughts
Prenups have come a long way in the UK, especially since the Radmacher v Granatino case in 2010. While they’re not automatically binding, courts are more likely to uphold them if they’re fair and properly structured. Getting expert legal advice from a family solicitor ensures your prenup is solid, protecting both you and your future.
