Prenups
Pre-Nuptial Agreements – Some Essentials
Article contributed by Nick Bennett
A pre-nuptial agreement (“prenup” for short) is a document signed by an engaged couple which explains what the financial arrangements on their divorce would be.
Prenups receive different treatment in different countries. They can be automatically binding in some places, but not in England where they are very rarely the only consideration when resolving finances on divorce. However, this is a fast-developing area of law and the legal treatment of prenups is very likely to change over time (and certainly over the course of an average-length marriage). Specialist legal advice is strongly recommended.
What is the current law on prenups?
Post-nuptial agreements currently have the same legal status as prenups: the only difference is that they are signed after the couple have married instead of before. For more on agreements in general, see here.
The simple point is: never sign any document that may have long-term legal consequences without a clear understanding of what it might mean for you and your rights. In short, you will almost always require quality legal advice when signing a family law-related agreement.
Never sign a prenup (or postnup) in the belief that you cannot be held to its terms. Prenups and postnups can be binding in England, even if not automatically as the law stands now (as of summer 2025). The law on this topic could change very quickly and could further strengthen the status of existing prenups (and postnups).
Remember that, as with all of Courtney's resources, none of what is said here is legal advice. It is general information that is not comprehensive and may not be relevant to your circumstances. There is no substitute for advice from a qualified, specialist family lawyer if you're considering entering into a prenup or postnup (or other family law agreement).