Prenuptial agreements are becoming increasingly common for couples who want greater certainty about their finances before marriage.

They can be particularly useful where one person already owns property, has a business, expects an inheritance or has significant assets in the UK or overseas.

But are prenups legally binding in England and Wales, and can they really protect your assets?

What is a prenuptial agreement?

A prenuptial agreement, or prenup, is an agreement entered into before marriage that sets out how a couple would like their finances to be dealt with if they later divorce.

It can cover assets such as: property owned before marriage; savings and investments; business interests; inherited wealth; pensions; overseas assets; and debts.

A prenup can also distinguish between assets that should remain separate and those that will be treated as shared during the marriage.

Are prenups legally binding in England and Wales?

Prenuptial agreements are not currently automatically legally binding in England and Wales.

The court still has the final say over financial arrangements following divorce.

However, since the Supreme Court decision in Radmacher v Granatino in 2010, courts can give significant weight to a prenup where both parties entered into it freely, understood its implications and it would be fair to hold them to it.

A properly prepared prenup can therefore have a substantial influence on the outcome of a divorce.

What makes a prenup more likely to be upheld?

The circumstances in which the agreement is prepared are important.

Both parties should enter into it voluntarily and without pressure. Each person should understand the other’s financial position and should ideally receive independent legal advice.

There should also be sufficient time to negotiate and consider the agreement before the wedding.

Most importantly, the agreement must remain fair. A court may give less weight to a prenup if enforcing it would leave one spouse unable to meet their reasonable financial needs.

Can a prenup protect assets owned before marriage?

Yes, this is one of the main reasons couples enter into prenuptial agreements.

A prenup can record that property, investments or business interests brought into the marriage are intended to remain separate.

This does not guarantee that those assets will never be considered by the court. Their treatment may still depend on factors such as the length of the marriage, how they were used and the needs of the family.

However, clearly recording the parties’ intentions can provide valuable protection.

Can a prenup protect an inheritance or business?

A prenup can also help protect inherited wealth and business interests.

For example, it may state that an inheritance should remain the separate property of the person who receives it.

For business owners, an agreement may help protect shares in a company or the value of a business built up before marriage.

This can be especially important where other family members, shareholders or business partners have an interest in preserving the company.

What if one person is much wealthier?

A large difference in wealth is often a reason to consider a prenup.

However, an agreement should not simply aim to leave the financially weaker spouse with nothing.

Fairness remains central. A well-drafted prenup can protect pre-existing wealth while still making reasonable provision for the other spouse, particularly after a long marriage or where children are involved.

What happens if circumstances change?

A marriage may last many years, during which the couple’s circumstances can change significantly.

They may have children, one spouse may give up work, or a business may increase substantially in value.

For this reason, it can be sensible to review a prenup following major life changes.

Couples who are already married can also consider entering into a postnuptial agreement.

What if you have assets in more than one country?

International couples should take particular care.

Different countries may treat prenuptial agreements very differently, and an agreement recognised in England may not have the same effect elsewhere.

Where a couple has property, businesses or investments in several jurisdictions, specialist advice should be obtained about how the agreement will operate internationally.

This can be especially relevant for British-German couples and families with assets in both the UK and Germany.

Will prenups become legally binding?

Reform remains possible.

In 2026, the Government consulted on changes to the financial remedies system, including the possible introduction of “qualifying nuptial agreements” that could become legally binding if certain safeguards are met.

For now, however, the law has not changed. Prenups remain influential rather than automatically binding.

Is a prenuptial agreement worth having?

For many couples, yes.

A prenup cannot guarantee exactly what will happen on divorce, but it can provide greater clarity, record which assets are intended to remain separate and reduce the scope for future disputes.

This can be particularly valuable where there are substantial assets, businesses, inherited wealth or international property.

Speak to a prenuptial agreement solicitor in London

A well-drafted prenup should reflect the couple’s individual circumstances and be prepared in a way that gives it the best possible chance of being respected by the court.

Beyer Family Law advises clients on prenuptial and postnuptial agreements, including cases involving substantial and international assets.

If you are considering a prenup, have been asked to sign one or need advice about assets in more than one country, contact Beyer Family Law on +44 (0)20 8616 8560 or email mail@beyerfamilylaw.com for a free initial telephone consultation.