What Is a Prenup? Prenuptial Agreements in the UK Explained

A prenup, or prenuptial agreement, is a written agreement a couple makes before they marry setting out how their money and property would be divided if they ever divorced. It isn't romantic to talk about, but for many couples it turns out to be a surprisingly calm conversation. This is general information, not legal advice. If you're considering one, speak to a family solicitor. ## Are prenups legally binding in the UK? It depends where you live. In England and Wales, prenups are not automatically binding, but courts give them significant weight. Since the Supreme Court case Radmacher v Granatino in 2010, a judge will usually uphold a prenup that was entered into freely, with both people understanding what they were signing, as long as holding them to it would be fair. In Scotland, prenuptial agreements are generally treated as binding contracts, provided they were fairly made. In Northern Ireland the position is similar to England and Wales. ## What makes a prenup more likely to stand up - Each of you gets independent legal advice - Both of you give full financial disclosure: assets, debts, income - It's signed well before the wedding. At least 28 days is the figure commonly recommended, and many solicitors suggest much earlier - Nobody is pressured into signing - It makes reasonable provision for any children - It's reviewed after big life changes, such as having children ## Who tends to get one Couples where one person owns a home or business, has inherited or expects to inherit family money, has children from a previous relationship, or simply earns much more than the other. Second marriages are a common reason. ## What it costs Fees vary by solicitor and complexity. Expect to pay each for your own advice, from a few hundred pounds for straightforward cases to several thousand where there's a business or complex assets. ## Postnups If you're already married, a postnuptial agreement does the same job and is treated in a similar way by the courts.

What Is a Prenup? Prenuptial Agreements in the UK Explained

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