Prenuptial Agreements – are they legally binding?

Prenuptial agreements are increasingly common.

They are agreements made between a couple who are marrying or forming a civil partnership.

The agreement aims to set out the assets each person brings into the relationship and specifies how these should be divided if the couple were to divorce or if a partnership were to be dissolved.

Whilst these agreements are sometimes seen as not being especially ‘romantic’ they are gaining considerable ground in the UK with the Marriage Foundation suggesting that as many as 20% of marriages had some form of agreement in place. Sky has also reported on a 2023 YouGov poll that revealed that 42% of British people consider prenups a good idea, compared with 13% who consider them a bad idea.

Are Prenuptial Agreements Legally Binding?

Whilst prenuptial agreements are not legally binding they are increasingly being taken into consideration by the Courts. The much reported landmark UK Supreme Court case of Radmacher v Granatino 2010 involved a ruling that effectively gave weight to the contents of an agreement, all be it with a range of requirements and also stating that each matter should be seen on a case-by case basis.

Since this ruling we have seen numerous occasions where the content of a prenuptial agreement have largely been upheld in Court.

Drafting a Prenuptial Agreement

There are multiple considerations to be taken into account when drafting a prenuptial agreement and both parties should receive independent legal advice. This advice should be given well in advance of a wedding and there must not be any coercion involved.

The provisions of the prenuptial agreement also need to be seen as being fair with consideration being made for any children, with full disclosure of assets or debts.

Careful drafting is essential. Whilst prenuptial agreements are increasingly being recognised in court they can still be invalid on multiple grounds. As such seeking the advice of an experienced family law solicitor is essential.

If you would like to discuss drafting a prenuptial agreement please contact us and one of our specialist lawyers will be able to assist you.