Because a prenup is usually executed as a deed, the safest approach is a traditional wet-ink signature, witnessed in person. Signing a deed electronically is an evolving area, and getting the formalities wrong is not worth the risk on a document this important.
The witnessing problem
A deed must be signed in the presence of a witness who attests the signature. The witness genuinely needs to observe the signing — so a fully remote, click-to-sign process is risky for a deed, because it can be unclear whether the witnessing requirement was properly met.
The safe approach
To avoid any doubt, sign the prenup on paper, in ink, with your independent witness physically present, and keep the signed original safely (see what to include). Doing the formalities properly is part of what protects the agreement if it is ever tested (see are prenups legally binding?).
Can you sign a prenup electronically?
Because a prenup is usually executed as a deed, the safest way to sign a prenup is the traditional one: a wet-ink signature, witnessed in person. To sign a prenup electronically is an evolving area, and the witnessing requirement is the sticking point — a witness genuinely needs to observe the signing, so a fully remote, click-to-sign process can leave it unclear whether the formalities were properly met. On a document this important, it is not worth the risk.
Related questions
Is an e-signature valid on a prenup?
It is risky for a deed — wet ink is safer (see are prenups legally binding?).
Does the witness have to be there in person?
Yes — they must actually observe the signing (see what to include).
Create your prenuptial agreement online
UK Prenup lets couples in England & Wales create a clear, fair prenuptial agreement online from £199, with your document generated instantly as a PDF. See how it works or get started.
UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.