A prenuptial agreement: often called a “prenup”: is a written agreement setting out how a couple intends to deal with their finances if their marriage later ends in divorce. It can address property, savings, investments, business interests, inheritances, pensions, debts and financial support.

For couples with substantial assets, business interests or children from previous relationships, a prenup can provide valuable clarity. However, the legal position in England and Wales is changing. The Government’s A Fairer End to Relationships consultation has proposed a new statutory framework for Qualifying Nuptial Agreements (QNAs).

The important point is that, as at 21 August 2026, the QNA reforms are proposals: not yet law. The consultation closed on 14 August 2026, but any binding QNA regime would require legislation.

What is a prenuptial agreement?

A prenuptial agreement is a contract made before marriage or civil partnership. It usually records:

• Which assets each person brought into the relationship;
• Which assets should remain separate;
• How jointly acquired property should be divided;
• How business interests, trusts or inherited wealth should be treated;
• What financial support may be paid on separation; and
• Arrangements intended to protect children or future generations.

A postnuptial agreement serves a similar purpose but is entered into after the marriage. Couples may use one where they did not sign a prenup, where their financial circumstances have changed or where they want to update an existing agreement.

A prenup should not be viewed as a prediction that a marriage will fail. Properly drafted, it is a practical financial planning document that encourages both parties to discuss expectations before marrying.

What is the current legal status in England and Wales?

Prenuptial agreements are legal, but they are not automatically binding in England and Wales. The family court retains jurisdiction to decide financial claims on divorce and must apply the statutory principles governing financial remedies.

The leading authority is Radmacher v Granatino, which established that courts should generally give effect to a nuptial agreement where:

1. The parties entered into it freely;
2. They understood its implications; and
3. It would be fair to hold them to it in the circumstances of the case.

This means a carefully prepared prenup can carry considerable weight. It may influence or even determine the outcome of financial proceedings. Nevertheless, it is not currently enforceable in exactly the same way as an ordinary commercial contract.

The court can depart from the agreement where necessary to achieve fairness, meet the parties’ needs or protect the welfare of children.

Our earlier article on The Fairer End to Relationships reform and qualifying nuptial agreements provides further background to the proposed changes.

What would a Qualifying Nuptial Agreement change?

The proposed QNA regime would create a new statutory category of nuptial agreement. If an agreement met the required safeguards, it would generally be binding on the court in relation to the division of assets.

This would represent a significant shift from the current position. Instead of a prenup being persuasive evidence of the couple’s intentions, a qualifying agreement could substantially restrict the court’s discretion.

The proposal is intended to offer greater certainty and autonomy. Couples could decide in advance how certain assets should be treated, rather than leaving every issue to be resolved years later through uncertain and potentially expensive litigation.

However, the proposal does not allow couples to contract out of all financial responsibility. A QNA would not be permitted to leave a spouse or children without reasonable provision for their needs.

The consultation has now closed, but the Government has not yet introduced legislation. The official consultation documents can be found on GOV.UK.

What would make a nuptial agreement qualifying?

The proposed safeguards are designed to ensure that a QNA is entered into voluntarily, transparently and with proper legal understanding.

1. Full financial disclosure

Both parties should provide material information about their financial position. This may include:

• Property valuations;
• Bank and investment accounts;
• Company interests;
• Trust assets;
• Pensions;
• Expected inheritances;
• Tax liabilities; and
• Personal and business debts.

Disclosure does not necessarily require every document ever produced. It does require enough accurate information for each person to understand the financial circumstances and the practical effect of the agreement.

An agreement based on hidden assets, misleading information or a significant misunderstanding of the other person’s wealth may be challenged.

2. Independent legal advice

Each person should receive advice from a separate solicitor. One solicitor cannot advise both parties because their interests may not be the same.

Independent advice should explain:

• The legal effect of the agreement;
• The rights being given up or limited;
• The assets covered;
• The possible consequences of divorce; and
• Any terms that may create particular risks.

Using separate family law solicitors UK is one of the most important safeguards in the proposed regime and under the current case-law approach.

3. No duress or improper pressure

Consent must be genuine. A person should not be pressured into signing because the wedding is imminent, because financial information has been withheld or because the relationship is being used to force agreement.

A prenup presented as “sign this today or the wedding is cancelled” is vulnerable to challenge. Even where a wedding does proceed, the surrounding circumstances may affect how much weight a court gives the agreement.

4. Proper timing

The proposed QNA framework includes a 28-day rule. A qualifying agreement would not be entered into within the 28 days immediately before the wedding or civil partnership ceremony.

The safest approach is to begin discussions several months in advance. This allows time for disclosure, negotiation, independent advice and revisions without creating avoidable pressure.

5. Execution as a deed

The proposal also envisages execution as a deed, together with formal wording confirming that both parties understand the agreement’s nature and effect.

The signing process matters. A document can contain sensible terms but still be weakened by poor execution, missing witnesses or uncertainty about whether it was intended to operate as a deed.

How could the reforms affect high-net-worth couples?

QNAs may be particularly important for high-net-worth couples, business owners and individuals with significant family wealth.

A carefully structured agreement could help define the treatment of:

• Shares in a family business;
• Pre-marital property;
• Trust interests;
• Inheritances;
• Investment portfolios;
• Intellectual property;
• Agricultural or overseas assets; and
• Wealth intended for children from an earlier relationship.

The proposed reforms would potentially make it easier to ring-fence non-matrimonial assets. This is relevant following Standish v Standish, in which the Supreme Court clarified the importance of distinguishing matrimonial property from wealth that originated outside the marriage.

However, a prenup cannot guarantee that a business or inheritance will never be considered. If assets are used to meet the family’s needs, placed into joint arrangements or treated as shared over a long period, their position may become more complicated.

When can a prenup still be set aside or disregarded?

Even a well-drafted agreement may not be followed in every situation. Challenges can arise where:

• One party did not receive proper independent legal advice;
• There was inadequate or misleading financial disclosure;
• The agreement was signed shortly before the wedding;
• A party was subjected to duress or undue influence;
• The terms are fundamentally unfair;
• Circumstances have changed significantly;
• The agreement fails to meet the needs of either spouse; or
• The welfare or financial needs of children require a different outcome.

The court’s focus is not simply whether the document was signed. It will consider the entire process and the circumstances at the time the financial order is being made.

Under the proposed QNA regime, the court’s discretion would be narrower, but needs-based protection would remain. A qualifying agreement would not be a licence to leave a spouse without housing, income or other reasonable provision.

Practical steps for preparing a strong prenup

A sensible process usually includes the following:

1. Start early. Allow several months rather than waiting until the wedding is close.
2. Identify the purpose. Decide whether the priority is protecting a business, inheritance, pre-marital assets, children or a combination of factors.
3. Prepare financial schedules. List assets, liabilities, income, pensions and business interests accurately.
4. Consider future changes. Address children, career breaks, relocation, business growth and inheritance.
5. Use separate solicitors. Each party should obtain independent advice.
6. Negotiate transparently. A fair process is more defensible than an agreement imposed by one party.
7. Review the agreement periodically. A postnuptial review may be appropriate after a child is born, a major inheritance is received or the couple’s financial position changes.
8. Execute it correctly. Signing, witnessing and deed formalities should be checked carefully.

Common mistakes to avoid

The most frequent problems include leaving the agreement until the last few weeks, relying on an online template, failing to disclose assets or assuming that putting everything in one person’s name will resolve the issue.

Other mistakes include:

• Treating the prenup as a one-sided asset protection exercise;
• Ignoring pensions and business interests;
• Failing to make realistic provision for housing;
• Using vague language about future assets;
• Forgetting to address debts;
• Failing to update the agreement after major life events; and
• Assuming that the proposed QNA reforms are already in force.

A prenup should be tailored to the couple’s circumstances and drafted with the possibility of future divorce proceedings in mind.

Get advice before signing

The law on prenuptial agreements remains subject to judicial discretion while the Government considers the next steps following the consultation. The proposed QNA reforms may eventually provide greater certainty, but they will not remove the need for careful drafting, disclosure and independent advice.

If you are planning to marry, already married or concerned about protecting family wealth, speak to Expert Divorce Lawyers before signing any agreement.

Tyndel Solicitors’ Family Law team advises individuals and couples on prenuptial agreements, postnuptial agreements, financial remedies and complex asset protection in England and Wales. Contact us to discuss your circumstances and prepare an agreement that is clear, properly negotiated and designed to withstand scrutiny.