What Is a Prenuptial Agreement and Is It Legally Binding?
A prenuptial agreement — often shortened to "prenup" — is an agreement made between a couple before they marry, setting out how they would divide their assets if the marriage were to end. They are increasingly common, and it helps to understand how they are treated in England & Wales.
What a prenup usually covers
A prenuptial agreement typically records:
- assets each person is bringing into the marriage;
- how property, savings and other assets would be divided on divorce;
- how any inheritance or business interests would be treated.
A similar agreement made after marriage is called a postnuptial agreement.
Not sure where you stand? You don't have to work it out alone. Book a free, no-obligation consultation with one of our family solicitors and get advice specific to your situation. Book your free consultation »
Are they automatically binding?
This is the key point often misunderstood. In England & Wales, prenuptial agreements are not automatically legally binding in the way a contract is. However, following an important court decision, they can carry significant weight and a court will generally give effect to one that has been entered into properly, provided it is fair.
What makes a prenup more likely to be upheld
Courts are generally more willing to give weight to an agreement where:
- both people entered into it freely, without pressure;
- both had a full understanding of its implications;
- both provided honest disclosure of their finances;
- each had the opportunity to take independent legal advice;
- it does not leave either person, or any children, in an unfair position.
Every situation is different, and how a court would treat a particular agreement depends on the individual circumstances.
Read more on our pre-nuptial agreements page.
Clear costs, fixed fees where we can. Knowing what the work will cost matters as much when you are planning a marriage as at any other time. For most prenuptial and postnuptial agreements we can offer a fixed fee, so you know the price of that work upfront with no surprises. Where a fixed fee isn't possible, we'll give you clear estimates and keep you updated on costs as your matter progresses. Book a free consultation to talk about fees »
This article provides general information about the law in England & Wales and is not legal advice. Every situation is different, and how the law applies depends on your individual circumstances. For advice tailored to you, please speak to a solicitor.
Talk it through, free of charge. For guidance specific to your situation, book a free, no-obligation call with our family team — a 30-minute video appointment or a short telephone call. Book your free consultation »
This article was drafted with the assistance of AI and subsequently reviewed and fact-checked by Jennifer Miles, Director & Family Solicitor at Aletta Shaw Solicitors (SRA No. 583090), on 7 October 2026.