Being asked to sign a prenup can feel daunting, even a little one-sided. But you are not powerless. A prenup should work for both partners, and you have every right to review it properly — and to ask for changes — before agreeing to anything. Do not just sign. Take your time, get your own legal advice, check that the agreement provides fairly for you and any children, and treat it as a conversation rather than a document to rubber-stamp on the way to the altar.
Do not sign in a hurry
Take your time. Signing under time pressure is bad for you and actually weakens the agreement — a court may give little weight to something signed in a rush or too close to the wedding (see are prenups legally binding?). If the wedding is close and the agreement has only just appeared, that itself is worth raising: a last-minute prenup is a warning sign, not a reason to hurry. You are entitled to enough time to read it, understand it, take advice, and think. If you are being rushed, that pressure can even amount to duress, which undermines the whole agreement.
Get your own independent legal advice
This is the single most important step. Your own independent solicitor — acting only for you, never your partner's adviser — will explain what the agreement actually means for you, whether it is fair, and what could be improved. Independent advice for each partner is also one of the safeguards that makes a prenup more likely to be upheld, so asking for it is entirely reasonable and expected. If your partner resists you getting your own advice, treat that as a serious red flag.
Check the disclosure is complete
You cannot judge whether a prenup is fair unless you know what your partner actually has. A proper agreement comes with full and frank financial disclosure from both sides — every significant asset, debt and income source. If the disclosure is missing, vague or clearly incomplete, do not sign until it is put right. An agreement built on hidden or understated assets can be set aside later — but it is far better to insist on full openness now than to rely on unpicking it after the event.
Check it provides for you
Look carefully at whether the agreement makes fair provision for your needs and for any children, not just for your partner's protection. Ask yourself:
- Would I have somewhere to live and enough to live on if the marriage ended?
- Does it recognise the contributions I will make — including non-financial ones, like raising children or supporting my partner's career?
- Are any children properly provided for? A prenup cannot override the court's duty to put children first.
- Does it feel balanced, or does it try to keep everything for one side?
A fair prenup protects both of you; one that leaves you with nothing is unlikely to hold up in any case — and is well worth pushing back on. Our guide to when a prenup is unfair sets out the warning signs.
It is a conversation, not a contract to rubber-stamp
If something feels wrong, say so — terms can be discussed and changed. A prenup is not a take-it-or-leave-it document; it is meant to be fair to both partners, and you are entitled to help shape it. Raising concerns is not being difficult; it is exactly how a good agreement is made. Our guides on talking about a prenup and working through disagreement on terms can help you raise changes constructively. Signing should be a considered, informed decision you are genuinely comfortable with.
What if you are not comfortable signing?
You are never obliged to sign a prenup. If, after taking advice, you do not feel the terms are fair and your partner will not improve them, you can decline — a prenup signed reluctantly is worth little anyway. Alternatively, if the sticking point is really about timing, you could agree to marry and revisit things calmly afterwards with a postnuptial agreement. How your partner responds to your concerns tells you a great deal: a partner who listens and adjusts is showing good faith; one who pressures you is showing the opposite.
A step-by-step way to review it
If a prenup has just landed in front of you, it helps to have a clear order of play rather than reacting to your first emotions. A sensible sequence looks like this:
- Read it once, slowly, without deciding anything. Note anything you do not understand or that makes you uneasy, but do not respond yet.
- Check the disclosure. Is there a full schedule of assets, debts and income from your partner, as well as space for yours? You cannot judge fairness without it.
- Instruct your own solicitor. Book independent advice from someone acting only for you, and take your list of concerns to that meeting.
- Test it against your future. Ask how the terms would treat you after two years, after ten, and if you had children or stepped back from work.
- Raise changes constructively. Go back to your partner with specific requests, not vague unhappiness — "I need the home covered" is easier to act on than "this feels unfair".
Working through it in that order keeps you calm, informed and in control, rather than rushed into a signature.
Understand what you can and cannot be signed out of
It is empowering to know that some protections cannot be taken away from you by a prenup, however it is worded. An English court keeps an overriding discretion under the Matrimonial Causes Act 1973, and two backstops in particular cannot be ousted: the court will always make sure both partners’ reasonable needs are met, and it treats the welfare of any children as paramount, so no agreement can sign away proper provision for them. Since Radmacher v Granatino (2010), a court will give a fair, freely made prenup significant weight — but it is not automatically binding, and the proposed binding qualifying nuptial agreements are not yet law. In plain terms: a prenup that tried to leave you with nothing, or to strip a child of support, would be unlikely to hold up. That does not mean you should sign something unfair and rely on a court to rescue you later — far better to get it right now — but it should reassure you that the law is not simply "sign here and lose everything".
Red flags to watch for in the document itself
Beyond how you are treated during the process, it is worth knowing the specific things inside a prenup that should give you pause. Be wary of an agreement that tries to make you give up all claim to property built up during the marriage, not just your partner’s pre-marital assets — the distinction between matrimonial and non-matrimonial property matters, and sharing what you build together is usually fair. Look closely at anything that purports to limit or exclude spousal maintenance in a way that would leave you unable to manage, at clauses that ignore the possibility of children or your stepping back from work to raise them, and at so-called lifestyle or infidelity clauses that English courts generally will not enforce. A missing or thin schedule of assets is another warning sign, because it means you are being asked to agree without the full picture. None of these necessarily means bad faith — sometimes they are just a poorly drafted template — but each is a reason to slow down, take advice, and ask for changes before you put your name to anything.
Asked to sign a prenup? Take these steps
If you have been asked to sign a prenup, do not just sign — you have every right to review it properly first. Take your time, because signing under time pressure both disadvantages you and weakens the agreement. The single most important step is your own independent legal advice; never rely on your partner's solicitor. Check the disclosure is complete and that the agreement makes fair provision for your needs and any children — one that leaves you with nothing is unlikely to hold up and is worth pushing back on. Treat it as a conversation you can shape, not a document to rubber-stamp.
Asked to sign a prenup: FAQs
Should I sign a prenup straight away?
No — review it and get your own independent legal advice first, and never sign under time pressure.
Can I ask to change a prenup before signing?
Yes — terms can be discussed and changed (see working through disagreement).
Do I need my own solicitor to review a prenup?
You should have your own — independent advice for each partner protects you and helps the agreement hold up (see independent legal advice).
What if the prenup seems unfair to me?
Raise it — an agreement that leaves you in need is unlikely to hold up anyway (see when a prenup is unfair).
What if I am being rushed to sign before the wedding?
Say so — a last-minute prenup is a warning sign, and pressure can amount to duress that undermines the agreement.
Do I have to sign a prenup at all?
No — it is entirely optional, and a reluctantly signed prenup is worth little. You could also consider a postnup later.
Can a prenup leave me with nothing?
It is very unlikely to hold up if it does. The court keeps an overriding discretion under the Matrimonial Causes Act 1973 to meet both partners' reasonable needs and to protect any children, so an agreement leaving you destitute would carry little weight (see when a prenup is unfair).
Is a prenup automatically binding if I sign it?
No. Since Radmacher v Granatino (2010) a fair, freely made prenup is given significant weight, but it is not automatically binding, and a court retains discretion — another reason to make sure the terms are genuinely fair before signing.
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.