Will your prenup stand up in court?

Prenups aren't automatically binding in England & Wales — so will yours hold up? This free prenup validity checker scores your prenuptial agreement against the Radmacher test — disclosure, independent advice, timing and fairness — in eight quick questions.

  1. 1. Was (or will) the agreement be signed at least 28 days before the wedding?

  2. 2. Did both of you exchange full details of your finances (assets, debts, income)?

  3. 3. Did each of you take independent legal advice from your own solicitor?

  4. 4. Did both of you sign freely — no pressure, ultimatum or last-minute cornering?

  5. 5. Did both of you understand the agreement and what you were giving up?

  6. 6. Does the agreement still meet each person's basic needs (and any children's)?

  7. 7. Is it in writing and signed by both of you (ideally as a deed, with witnesses)?

  8. 8. Have your circumstances changed a lot since signing — or do you expect big changes soon (children, illness, job loss)?

What your score means

The checker places your prenuptial agreement in one of four bands, reflecting how a court in England & Wales is likely to treat it.

Strong (85%+)
Your agreement ticks the boxes the courts look for — freely entered, full disclosure, advice, fair terms. Keep the paperwork safe and review it after major life changes.
Reasonable (60–84%)
Likely to carry real weight, but one or more foundations could be firmer — the checker tells you exactly which, and most gaps are straightforward to close before you sign.
Weak (35–59%)
A court could give it noticeably less weight — typically because disclosure or independent legal advice is missing. Worth fixing before the wedding rather than testing in court.
At risk (under 35%)
Something that can defeat an agreement outright is present — pressure to sign, or terms that leave one of you (or a child) in real need. A court is unlikely to hold you to it.

Curious what's actually at stake? Our prenup calculator shows what could be on the table without an agreement, and our UK prenup statistics show how many couples are putting one in place.

Why these eight things matter

A prenuptial agreement in England & Wales isn't automatically binding — but a court will follow it if it was fairly made and it would be fair to hold the couple to it. That principle comes from the Supreme Court's decision in Radmacher v Granatino (2010), and the eight factors below — the same ones this checker scores — are what tend to make or break one.

Signed in good time

The Law Commission recommends signing at least 28 days before the wedding, so neither of you can later say you were rushed into it.

Full and frank disclosure

Each of you needs a true picture of the other's finances — hiding assets is one of the fastest ways to have an agreement set aside. Our prenup calculator is a good way to map out what each of you is bringing in.

Independent legal advice

Each of you taking advice from your own solicitor is the clearest evidence that you both understood what you were agreeing to.

Freely entered into

Both of you must sign willingly. Pressure, an ultimatum, or springing it days before the wedding can all undermine a prenup.

Both understood the terms

Signing isn't enough on its own — a court looks for evidence that each of you grasped what the agreement meant and what you were giving up.

Fairness & needs

A court won't enforce terms that leave one person — or a child — in real need, however clearly they were agreed.

In writing and properly signed

A prenup should be a written agreement signed by both of you — ideally executed as a deed, with witnesses — so there's no doubt about what was agreed.

Still fits your circumstances

Life changes — children, illness, a lost job. The further your situation drifts from the day you signed, the more a court may look again at what's fair.

Prenup validity FAQs

They aren't automatically binding, but they carry real legal weight. Since the Supreme Court's ruling in Radmacher v Granatino (2010), a court will hold a couple to a prenuptial agreement that was freely entered into, with full financial disclosure and a fair outcome. This checker scores yours against exactly those factors, and the prenup calculator shows what's at stake without one.

There's no single valid-or-invalid switch. A court gives a prenuptial agreement weight when both of you entered it freely, exchanged full financial disclosure, understood the terms, and the result is fair — above all on each person's needs. The stronger those factors, the more likely a court is to uphold it, which is exactly what this checker measures.

Yes. A court can depart from a prenup if one party was pressured into it, disclosure was inadequate, neither took legal advice, or holding someone to it would leave them — or a child — in real need. Getting those fundamentals right is what makes an agreement hard to challenge, which is why it pays to draft it properly from the start. See how our prenup service works.

Independent legal advice for each of you isn't strictly mandatory, but it's one of the clearest signs a court looks for that you both understood what you were agreeing to — so skipping it is a common reason a prenup carries less weight. See where advice fits into our process.

The Law Commission recommends signing at least 28 days before the wedding, so neither party can later say they were rushed or pressured. Leaving it to the final days is one of the quickest ways to weaken a prenup — build in time to get your agreement drafted and reviewed.

No — it's guidance. The checker scores your answers against the factors courts in England & Wales actually weigh, but it can't read your agreement or your circumstances, so it isn't a legal opinion. For advice on your own situation, each of you should speak to your own solicitor — and if you have questions about our service, get in touch.

The court decides for you, starting from the sharing principle — the family home is usually treated as shared whoever bought it, and each person's needs come first. Our prenup calculator shows what could be on the table in your situation, and our UK prenup statistics show how many couples are choosing to settle this in advance instead.

Ready to Protect Your Future Together?

Create your prenuptial agreement online today — professionally prepared, instant PDF download included, from just £199. Built for couples across England & Wales who want clear, fair financial peace of mind before marriage. Read our FAQs, explore our prenup guides, or get in touch.

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