A prenuptial agreement — often shortened to "prenup" — 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.
What does a prenup cover?
A prenuptial agreement can deal with almost any aspect of a couple's finances, including:
- Property each partner owns now, and how the family home would be treated
- Savings, investments and pensions
- Business interests
- Inheritances and family gifts
- Debts each partner brings into the marriage
- Whether — and how — assets built up during the marriage would be shared
For a fuller breakdown, see our guide to what to include in a prenuptial agreement.
Who are prenups for?
Prenups are not just for the wealthy. Couples commonly consider one when one partner owns a property or business, when there is a significant difference in wealth or income, when either partner is marrying for a second time, or when someone wants to protect assets for children from a previous relationship. We cover this in do you need a prenup?
Are prenups legally binding?
In England & Wales a prenuptial agreement is not automatically binding, but since the Supreme Court decision in Radmacher v Granatino (2010) the courts give a properly prepared agreement significant weight. A court is likely to hold a couple to their agreement where it was entered into freely, with full financial disclosure and the benefit of legal advice, and where it would be fair to do so. We explain this in detail in are prenuptial agreements legally binding in the UK?
How is a prenup made?
Both partners set out their financial circumstances honestly, ideally take independent legal advice, and sign the agreement well before the wedding — the usual guidance is at least 28 days beforehand. The agreement is executed as a deed, which means each partner signs in the presence of an independent adult witness who also signs. Keeping a signed copy safe completes the process.
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.