Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Marriage is a legal relationship as well as a personal one, and when couples start thinking about how to protect assets, inheritances or business interests, pre-nuptial and post-nuptial agreements often enter the conversation. In England and Wales these agreements aren't automatically binding the way a commercial contract would be, but since the Supreme Court's decision in Radmacher v Granatino (2010) the family courts have given them real weight, provided they are entered into fairly and with proper safeguards.
Whether you're planning a first marriage, remarrying later in life, or already married and want to formalise financial arrangements, understanding how these documents actually function in a UK context matters. This page sets out what pre-nups and post-nups do, what makes them more likely to be upheld, and the practical questions couples typically wrestle with before signing one.
What this document is
A pre-nuptial agreement (often shortened to pre-nup) is a written arrangement made between two people before they marry, setting out how they would want their property, savings, pensions, debts and other financial interests handled if the marriage later broke down. A post-nuptial agreement does the same thing, but is signed after the wedding has taken place, sometimes years into the marriage, sometimes shortly afterwards where a pre-nup wasn't completed in time.
Both are used to clarify what each person brought into the relationship, to ring-fence particular assets (such as inherited wealth, family businesses or pre-marital property), and to reduce the uncertainty that financial remedy proceedings can create. In England and Wales these agreements are not strictly binding on the divorce court, a judge retains overriding discretion under the Matrimonial Causes Act 1973 to ensure any financial outcome is fair, particularly where children are involved.
However, a properly prepared agreement that meets the Radmacher criteria will usually be followed unless it would leave a spouse in genuine hardship. In Scotland, by contrast, pre-nups tend to carry stronger contractual force under different rules.
How to use this document
Start the conversation early. Raising a pre-nup weeks before the wedding rarely ends well. Ideally discuss the idea months ahead so both of you have time to reflect, ask questions, and avoid any suggestion that one party was pressured into signing at the last minute, timing is one of the first things a court looks at.
Exchange full financial disclosure. Each party should share a complete picture of what they own and owe, property, savings, pensions, investments, business interests, debts and anticipated inheritances. Hiding assets or glossing over liabilities is one of the quickest ways to have an agreement disregarded by a judge later on.
Take independent legal input. Each person should speak to their own solicitor, separately. Shared representation creates an obvious conflict and weakens the agreement's standing. Independent input helps show that both parties understood what they were signing and what rights they were potentially giving up by doing so.
Draft terms that are genuinely fair. A workable agreement reflects both parties' reasonable needs, not just the interests of the wealthier spouse. Courts are particularly alert to arrangements that would leave one party unable to meet housing or income needs, or that fail to provide properly for any children of the family.
Sign in good time and revisit periodically. Aim to finalise a pre-nup at least 28 days before the wedding where possible. Life changes, children arriving, career shifts, house moves, inheritances received, can make original terms outdated, so build in a review and consider a replacement post-nup if circumstances shift materially.
Q Are pre-nuptial agreements legally binding in England and Wales?
Not in the strict sense, a divorce court retains discretion over financial remedies and can depart from what a pre-nup says. However, since Radmacher v Granatino the courts have been willing to uphold agreements that were entered into freely, with full disclosure and independent legal input, and where the terms are fair. In practice a well-prepared pre-nup is often followed closely.
Q What's the difference between a pre-nup and a post-nup?
The substance is largely the same, both set out how finances would be handled on divorce or separation. The difference is timing. A pre-nup is signed before the marriage takes place; a post-nup is agreed after the wedding, sometimes because there wasn't enough time beforehand, sometimes because circumstances have changed during the marriage, such as receiving an inheritance or starting a business together.
Q Can a pre-nup cover arrangements for children?
You can include aspirations, but the court will not be bound by anything that affects the welfare of a child. Child maintenance, where a child lives and similar matters are decided on the child's best interests at the time, regardless of what parents agreed earlier. Financial provision for children cannot be contracted away through a pre-nup.
Q How far in advance should a pre-nup be signed?
There's no statutory deadline, but Law Commission guidance and general practice point towards signing at least 28 days before the wedding. Signing too close to the ceremony raises the risk that a court later sees one party as having been pressured. Starting discussions several months ahead gives both sides room to negotiate without that pressure.
Q Can a pre-nup be challenged later?
Yes. Common grounds for challenge include lack of financial disclosure, absence of independent legal input, one party being under pressure to sign, or terms that would leave a spouse in real financial difficulty. Significant changes in circumstances, particularly the arrival of children, can also lead a court to depart from the original terms if strict application would be unfair.
Q Do we both need our own solicitor?
Strongly recommended. Using the same adviser creates a conflict of interest and weakens the agreement's credibility. Separate representation helps demonstrate that each person understood the document and entered into it willingly. It's one of the key factors courts examine when deciding how much weight to give the agreement during financial proceedings.
Q What can't a pre-nup or post-nup do?
It cannot oust the court's jurisdiction over financial remedies on divorce, cannot bind decisions about children, and cannot enforce terms that would leave a spouse without reasonable provision for their needs. It also can't override certain pension rules or tax rules. Think of it as persuasive evidence of intentions rather than an untouchable contract.
These agreements involve questions about fairness, timing, disclosure and what a court might later make of what you've signed, and the answers often depend on your particular circumstances. An experienced legal adviser can talk through the practicalities on the phone, tailored to what you describe about your situation.
✓Plain-English answers to your specific questions about pre-nups and post-nups
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
