Are prenuptial agreements binding in England & Wales?

Pre and post nuptial agreements are not automatically binding, but they carry real weight when properly made.

Updated 19 August 2026·5 min read
Written by CalmSplit Editorial TeamReviewed by Ramani GillLast reviewed 19 August 2026England & Wales

A nuptial agreement is not automatically binding here, but since Radmacher v Granatino courts give effect to one that is freely entered into with full appreciation of its implications, unless it would be unfair.

What makes one persuasive

  • Signed well before the wedding, ideally at least 28 days.
  • Full financial disclosure by both parties.
  • Independent legal advice for each.
  • No pressure, and needs met on separation.
  • Review clauses on the birth of children or after a set number of years.

This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.

Related CalmSplit service

Consent order service →

Frequently asked questions

Can we sign one after marrying? ▼

Yes, that is a postnuptial agreement and it is treated on similar principles.

Does a prenup cover children? ▼

Arrangements and maintenance for children cannot be fixed by agreement in a way that binds the court.

Start your divorce online for £159

Create your secure account and answer a few short questions. No card required to begin.

Start now

Not ready to start?

Create your free CalmSplit account and save your progress. Come back when you are ready.

Start your divorce

Related guides