Prenuptial agreements, commonly known as prenups, have become significantly more popular across England and the whole of the UK. Since the landmark Supreme Court ruling in Radmacher v Granatino in 2010, courts have given prenuptial agreements considerable weight in divorce proceedings, with approximately one in five UK marriages now including these agreements.
Recent trends show a dramatic increase in prenup adoption, reflecting changing attitudes toward marriage and financial planning. People are marrying later in life and consequently have more substantial assets before marriage, making prenups an increasingly practical consideration for many couples.
At Brown Turner Ross, our team specialises in divorce and contract law, making us a fantastic source of information concerning the topic. In this guide, we will provide more information on what to expect when entering into a prenuptial agreement in the UK.
What is a Prenuptial Agreement?
A prenuptial agreement is a contract executed before a marriage or civil partnership that details how each spouse’s premarital and marital assets, debts, and other property will be handled if the marriage ends in divorce.
Prenups are bespoke contracts and can include any clauses either spouse desires, provided both parties agree, and the clauses are fair and legal. When drafting a prenuptial agreement, it’s essential that you consult with a solicitor, as they can ensure that you are including all the assets you own, and that you understand the implications of the agreement
What is the Purpose of a Marital Prenup?
A prenuptial agreement is designed to protect your assets during marriage. They are designed to give people getting married more control over their assets should their marriage break down, rather than leaving it up to the courts.
In the past, prenups were viewed as a way for very wealthy individuals to protect their assets from their less wealthy partner in the event of a divorce. While prenups may still be used for this case, more couples are signing prenups to avoid the expensive and complicated court process that they may endure if they were to get a divorce. In addition, this allows the parties to decide for themselves how they want their assets to be divided, if it all.
Key Aspects of a Prenuptial Agreement
For a prenuptial agreement to be upheld by the courts, it must meet a specific set of criteria and meet the requirements:
Timing Requirements
Though previously 21 days, the agreement should be signed at least 28 days before the wedding under guidelines from the Law Commission to avoid cases of duress. Although this is not a strict legal requirement, those who enter into the agreement less time before the wedding are more vulnerable to legal challenges than those who sign within the suggested timeframe.
Ideally, you should start discussions concerning your prenuptial agreement at least six months before the wedding to ensure there is adequate time for consideration.
Legal Advice Before Signing
Both parties must receive independent legal advice before entering into the prenup, provide full and frank financial disclosure of their assets, debts, income, and liabilities, and do so voluntarily and of sound mind, without coercion or undue pressure.
The agreement must be in writing and executed as a deed. It must also fairly address any children, whether born before or after the marriage. Both parties need to genuinely understand the implications of what they are signing.
The Court’s Discretion to Set Aside or Modify a Prenuptial Agreement
The court retains discretion to set aside or modify a prenuptial agreement if it would leave one party in genuine financial need, if circumstances have changed significantly since signing (though this can be addressed through review clauses), if the agreement fails to adequately provide for children, or if it was not entered into freely or with full understanding.
Who Needs a Prenuptial Agreement in the UK?
A prenup is not a prerequisite for marriage. However, any couple that is planning to get married can sign a prenuptial agreement regardless of their own wealth.
If you have more wealth or more valuable assets than your partner, or you expect to receive higher earnings or a large sum in the future, then you may be more inclined to sign a prenup to protect your wealth.
Alternatively, if your partner has a lot of debt, then you may want to sign a prenup to avoid being saddled with any of their debt if you were to divorce.
What Happens After a Prenuptial Agreement Divorce in the UK?
Provided that your prenuptial agreement was drawn up by a knowledgeable solicitor and meets all qualifying criteria, the courts should uphold it if you were to ever get divorced.
The agreement provides clear evidence for asset division, safeguarding pre-marital and inherited property. However, judges evaluate fairness and individual needs, especially for children, so it can be overridden if enforcing it would be unjust or would disadvantage one party, particularly in long-term marriages or when a spouse is dependent.
Prenuptial agreements can be contested by either spouse, yet if you can prove that all qualifying criteria have been met, then the contest will be thrown out, as happened in the Radmacher v Granatino case in 2010.
Brown Turner Ross – Prenuptial Agreement Solicitors
This guide should have provided you with more insight into UK rules on prenuptial agreements. At Brown Turner Ross, we have years of experience in providing support to those who require a prenuptial agreement for their marriage.
Our specialist team is a leading expert in high-net-worth divorce cases, covering complex dispute resolution, pre-nuptial agreements, deeds of separation, and childcare issues.
If you require support or you’d like further advice, contact our team today.
Frequently Asked Questions
How much does a prenuptial agreement cost in the UK?
Prenuptial agreements in England and Wales can cost anywhere from just under £1,000 to many thousands of pounds.
We recommend not basing your choice on a family law solicitor solely on price, as you get what you pay for. Some solicitors with a low upfront cost may add additional fees as the process progresses.
How long does a prenup last?
Prenuptial agreements are designed to remain in effect for the duration of the marriage.
However, as prenups are bespoke contracts, they can include an end/review clause term if you so wish.
Can you get a prenup without being married?
You can sign a prenuptial agreement in advance of marriage if you know that you are going to get married.
If you know you will not marry in the future and still want added clarity and security regarding your relationship assets, a cohabitation agreement may be better suited to you.
Can you sign a prenup after you get married?
You cannot sign a prenup after your wedding. However, you can sign a postnuptial agreement, which is treated the same in court as a prenuptial agreement, with the only difference separating the two being the signing date.
Can prenups protect my future earnings?
It is possible for prenups to protect future earnings or assets, yet they may need to be explicitly referenced in the agreement to be valid.
This may include clauses referring to any future income from a source if it is already in your possession, such as a business that you own.
It may also refer to earnings coming from a source that is not in your possession at the time of writing your prenup, such as an inheritance.
Do you always sign a prenup before marriage?
It is not legally necessary to sign a prenup before marriage, although it is recommended and is becoming more common across the UK.
Can a prenup be voided after death?
The terms dictated by a prenup can still be enforced following death, so ideally, your prenuptial agreement will specify what your wishes are if either you or your partner were to die.
For example, a prenuptial agreement may stipulate that neither party can make a claim against the estate provided the will does not contradict any terms in the prenuptial agreement. For more information about estate planning, see our guide on wills, trust and probate.
Are prenuptial agreements binding in the UK?
Prenuptial agreements are commonly underestimated in the UK regarding their enforceability. Provided that the agreement meets the qualifying criteria, it will be upheld in court.
What is the difference between a prenup and a postnup?
A prenuptial agreement is signed before marriage. A postnuptial agreement is signed after marriage.
Does a will override a prenup?
If your prenuptial agreement was entered into freely, fairly, and meets all qualifying criteria, then it will be upheld in court following your death and therefore will not be overridden by your will. However, if you have questions about inheritance claims, our team can assist with Inheritance Act claims.
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