Prenuptial Agreements ‐ FAQ

Are Prenuptial Agreements binding?

No. In England and Wales, the Courts have the final say and are not bound by the terms of a Prenuptial or (Post-Nuptial) Agreement. However, such agreements may be important evidence for what the parties intend to happen. They may be influential.

Can I change a Prenuptial Agreement once I have entered into it?

Any agreement can be changed if the parties to the agreement agree on what changes there should be.

Can I make a Prenuptial Agreement once I have got married?

It is much better to agree all of these arrangements before the marriage takes place but it is possible to enter into a similar agreement once the marriage has taken place. These are known as "Post-nuptial Agreements".

What is a Prenuptial Agreement or a "Prenup"?

This is a formal agreement entered into by a couple before they get married. It sets out what they have agreed will happen to their assets in the event of a future divorce.

Who can enter into a Prenuptial Agreement?

Any couple who are contemplating marriage or entering into a civil partnership.