Pre-nuptial agreements
Are pre-nups legally binding in England?
As the law currently stands, neither pre (nor post) nuptial agreements are legally binding in England. However, a pre (or post) nuptial agreement can be highly influential and capable of being upheld by the court in its entirety if both members of the couple signed it with a full understanding of what they were signing.
This usually requires that each member of the couple has received independent legal advice, that each member of the couple has received financial disclosure from the other, and that neither member of the couple felt under pressure to sign the agreement (including due to the wedding being imminent. As a guideline, pre-nuptial agreements should be entered into at least 28 days before a wedding).
The terms of the agreement must also be fair. The English court has a wide discretion to determine what is a fair financial outcome based on the circumstances of the individual case and the existence of the pre-nuptial agreement itself (if done properly) will be highly relevant. But, as a minimum, any agreement needs to meet the financial needs of both spouses. (See how are assets split as part of divorce for more on 'needs').
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
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