A lost prenup — losing the signed original — is a problem, but it is not necessarily fatal, because copies and supporting evidence can help. The best answer, though, is to store it so carefully that it never happens.
Why the original matters
The signed, witnessed original is the strongest proof that the agreement was properly made. Without it, you may have to rely on copies and other evidence (such as your solicitors’ files and advice letters) to show what was agreed and that it was done correctly (see are prenups legally binding?).
What to do — and how to avoid it
If you have lost the original, gather every copy and record you can, and take advice. To avoid the situation, keep the original somewhere secure, give each partner a copy, keep a clearly-labelled digital scan, and consider leaving the original with your solicitor (see what to include). A little care in storage saves a lot of worry later.
What to do about a lost prenup
A lost prenup — losing the signed original — is a problem, but it is not necessarily fatal. The signed, witnessed original is the strongest proof the agreement was properly made, so without it you may have to rely on copies and supporting evidence, such as your solicitors’ files and advice letters, to show what was agreed. If you have lost the original, gather every copy and record you can and take advice. To avoid it, store the original securely, give each partner a copy and keep a labelled digital scan.
Related questions
Is a copy of a prenup good enough?
It can help, but the witnessed original is strongest (see are prenups legally binding?).
How should you store a prenup?
Securely, with copies and a scan, ideally with your solicitor (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.