So what is a prenuptial agreement? Often shortened to "prenup", it is a written agreement made by a couple before they marry that sets out how they would divide their money, property and other assets if the marriage were to end in divorce. It is a way to plan ahead together, with clarity and fairness, rather than leaving everything to be decided in a future dispute at a time when you may no longer be on good terms.
This guide explains, in plain English, what a prenuptial agreement is, what it can and cannot cover, who they are for, whether they are legally binding in England & Wales, how one is made, and what it costs. It is the starting point for our wider library of prenup guides, and we link on to the detail as we go.
What is a prenuptial agreement, in simple terms?
Put plainly, a prenuptial agreement is a contract you and your partner enter into before your wedding that records what belongs to whom and how your finances would be divided if you were ever to split up. Think of it as writing down, calmly and in advance, the answers to the questions that otherwise get fought over in a divorce: what stays separate, what is shared, and how each of you is provided for.
A prenup is fundamentally about three things — clarity (you both know where you stand), protection (the assets that matter to you are ring-fenced), and certainty (a properly made agreement is given real weight by the courts). Far from expecting the marriage to fail, most couples treat it the way they treat insurance: something you hope never to need, but are glad to have.
Prenup, antenuptial, premarital — are they the same thing?
Yes. The terminology trips people up, but these all mean the same document:
- Prenuptial agreement / prenup — the everyday term.
- Antenuptial agreement — "ante" simply means "before"; common in older legal writing and in some other jurisdictions.
- Premarital agreement — the term used more often in the United States.
An equivalent agreement signed after the wedding is a postnuptial agreement (a "postnup"). Prenups and postnups together are known as nuptial agreements, and for a dictionary-style definition see prenuptial agreement meaning.
What does a prenup cover?
A prenuptial agreement can deal with almost any aspect of a couple's finances. Most agreements address some or all of the following:
- Property — any home each partner owns now, and how the family home would be treated, including deposits and unequal contributions.
- Savings and investments — bank accounts, ISAs, shares and other holdings.
- Pensions — often among the most valuable assets a couple has, and easy to overlook.
- Business interests — protecting a company or professional practice one partner owns or part-owns.
- Inheritances and family gifts — money or property from family that a couple wants to ring-fence.
- Debts — mortgages, loans and credit cards each partner brings in, and who stays responsible for them.
- Growth during the marriage — whether, and how, assets and wealth built up during the marriage would be shared.
- Spousal maintenance — any agreed approach to ongoing support, within the limits the court allows.
For a fuller breakdown, see our guide to what to include in a prenuptial agreement and our plain-English tour of the individual prenup clauses.
What a prenup cannot do
A prenup is powerful, but it has firm limits in England & Wales. It cannot fix arrangements or maintenance for children — their welfare is always for the court to decide. It cannot leave one partner in real financial need while the other keeps everything; a court will step in to meet needs however the agreement is worded. And so-called lifestyle clauses (rules about housework, weight or behaviour) carry no legal weight here. A good prenup works with these limits rather than against them.
Who are prenups for?
Prenups are not just for the wealthy — that is one of the most persistent prenup myths. Couples commonly consider one when:
- One partner owns a property, or you are buying together with unequal deposits.
- One of you owns a business or professional practice.
- This is a second marriage, or there are children from a previous relationship.
- There is a significant difference in wealth or income.
- You expect an inheritance, or want to protect assets for children.
We work through these situations in do you need a prenup? If you are weighing it up, it also helps to look at the pros and cons of a prenup and see how a prenup works in practice.
Are prenups legally binding in England & Wales?
This is the question almost every couple asks first. In England & Wales a prenuptial agreement is not automatically binding — but that does not mean it carries no weight. Since the Supreme Court decision in Radmacher v Granatino (2010), the courts give a properly prepared agreement significant weight. The court said it should give effect to an agreement that is freely entered into by each party, with a full appreciation of its implications, unless in the circumstances it would not be fair to hold the couple to it.
In practice that means a well-made prenup is often decisive. A court retains a discretion under the Matrimonial Causes Act 1973 that a couple cannot completely remove, and two backstops always remain — meeting needs and providing for children — but within those limits, a fair agreement is usually upheld. We explain all of this in are prenuptial agreements legally binding in the UK? and unpack the leading case in Radmacher v Granatino explained.
How is a prenup made?
A sound prenuptial agreement follows a recognisable path, and each step is one of the factors that makes a court more likely to uphold it:
- Start early. Begin well before the wedding — the widely used guidance is to sign at least 28 days beforehand, ideally months.
- Disclose fully. Each partner sets out their assets, income and debts honestly in a full and frank disclosure.
- Agree fair terms. The agreement should be balanced and meet both partners' needs — see how to make a prenup fair.
- Take independent legal advice. Ideally each partner has their own advice.
- Sign it as a deed. Each partner signs freely in the presence of an independent adult witness who also signs — the agreement is executed as a deed.
- Keep it safe. Store the signed agreement, the disclosure schedule and any advice letters somewhere secure.
Our step-by-step guide to how to get a prenup walks through the whole process in detail.
How much does a prenup cost?
Costs vary widely. An online service such as UK Prenup produces a professionally structured agreement for a one-off £199, generated instantly as a PDF; a solicitor-drafted agreement typically runs into four figures once both partners take advice. Many couples get the best of both by drafting online and then taking independent advice on the finished document. See how much a prenup costs and online prenup vs solicitor. Set against the cost of a contested divorce, a prenup is usually far cheaper.
Prenuptial agreement FAQs
Is a prenuptial agreement legally binding in the UK?
Not automatically — but a fair agreement, freely made with full disclosure and legal advice, is given significant weight by the courts and is often decisive in practice (see are prenups legally binding?).
What is the difference between a prenup and a postnup?
Only the timing: a prenup is signed before the wedding, a postnup after it. The law treats them on the same principles (see prenup vs postnup).
How much does a prenuptial agreement cost?
From £199 with an online service, or typically four figures through a solicitor once both partners take advice (see prenup costs).
When should you sign a prenup?
Well before the wedding — at least 28 days ahead, and ideally a few months — so there is no suggestion of last-minute pressure (see when to sign a prenup).
Can you write your own prenuptial agreement?
You can, but DIY prenups often miss the disclosure, fair terms and correct signing that make an agreement hold up — a professionally structured agreement is much safer.
Does a prenuptial agreement expire?
No — it stays in place until you change it (with a postnup) or it is overtaken by events. Many include a review clause so you revisit it as life changes (see does a prenup expire?).
Do both partners need their own solicitor?
It is not a strict legal requirement, but independent advice for each partner is one of the safeguards that makes an agreement more likely to be upheld (see do both partners need a lawyer?).
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.