According to recent data featured by the House of Lords Library, the implementation of prenups in the UK increased by 60% between 2022 and 2023, with over 20% of couples in the UK having some form of marital agreement.  

But while prenups can seem like a logical option for those seeking to protect their assets, are they the ironclad solution they’re made out to be? The answer may surprise you.

At St Helens Law, our family solicitors in St Helens have vast and varied experience in prenups and are ideally placed to help you know the ins and outs of such agreements, so you can make an educated decision that could prove essential later in life.

So if you’ve been asking yourself, ‘Is a prenup legally binding?’, UK readers should explore the information below.

What is a prenup?

Simply put, a prenuptial agreement – or a ‘prenup’ – is an agreement entered into by a couple before they get married, which outlines how assets will be divided if they separate. You can also enter into a prenup if you’re planning on a civil partnership, rather than a marriage.

While it is commonly assumed prenups only apply to those with considerable wealth, this is not true. A prenup can be for anyone who wants a clear picture of what will happen to cash and assets in the event of a divorce, no matter their net worth.

What are the requirements for a prenup?

A prenup can have a significant sway on the financial livelihood of those involved. This is why prenups need to be entered into under specific circumstances that guarantee fairness and transparency:

• A formal document (usually created by a solicitor) must be approved and signed by both parties of their own free will.
• Independent legal advice must be given to both parties. If they have not received legal advice, the prenup may not be upheld.
• There must be a full financial disclosure and an honest account of assets and liabilities on both sides without hiding anything.
• The agreement must be signed at least 28 days before the wedding day, to avoid last-minute pressures.
• The terms agreed must be fair and balanced for both parties.

As long as the couple are on the same page as to what assets move where in the event of a separation, they should be able to reach terms on an appropriate financial settlement that benefits them both.

For more information on the specifics of prenuptial agreements, speak to a member of the team today.

Can you get a prenup in the UK?

Yes, you can get a prenup in the UK, similarly to the United States and other countries.

However, the UK does differ slightly on the enforceability of prenups. In America, prenups are generally accepted and enforceable in most circumstances. In the UK, however, things work a little differently.

Is a prenup legally valid?

No, prenups are not always legally valid in the UK. While prenups can be accepted by a judge in the UK, ultimately, it is enforced at the judge’s discretion.

Should a divorce begin and a prenuptial agreement exists between the couple, the judge must determine whether or not the agreement offers fair terms for both parties. If everything appears balanced, there’s every reason the judge will abide by the prenup. But they’re not legally obligated to do so.

While this may make prenups sound like an ineffective solution, nothing could be further from the truth. Unless there’s specific reasoning why the judge would not enforce the prenup (more on this in a moment), generally, there should be no issues and assets should be protected in line with the terms. 

Can a prenup be overturned?

Yes. In 2010, the Supreme Court ruled that a prenup should not be automatically binding without guaranteeing fair financial arrangements for both parties in the circumstances prevailing. This means in the UK, a judge can decide to ignore the terms of a prenup, but will usually only do so under specific circumstances, which can include:

• A clear lack of fairness in how assets are being divided.
• Failure to meet the needs of those affected – for instance, if the other party’s financial situation would be less than favourable. This is especially important if children are involved.
• If hidden assets are discovered after the agreement was made.
• If there is evidence one party was the victim of undue influence.

Should any of the above be applicable, a judge may choose to either ignore the prenup entirely or alter the terms to ensure fairness based on the specific circumstances.

Can you get a prenup after marriage?

Technically, no. A prenup – ‘pre’ being the important part of the word – needs to be made before a couple is married.

However, there is a legal equivalent, known as a postnuptial agreement. Essentially, it works the same way as a prenup, the only difference being that the agreement has been entered into post-marriage.

Postnuptial agreements are a good way for married couples who have yet to consider the divisibility of their assets or financial resources, to specify what will happen should they separate. This not only offers clarity for both parties but can also give some peace of mind, knowing proceedings may not need to be as ‘messy’ as other separations, should this occur.

While not as common as prenups, postnuptial agreements are often entered into by couples when there has been a significant change in circumstances since the date of the wedding. This can include the introduction of children, the purchase of property or valuable assets, large inheritances and more.

If a postnuptial agreement sounds like it’s worth considering, St Helens Law is here for you. Speak to our experts today.

If you’re considering a prenup for a marriage or civil partnership, speak to St Helens Law

Whether you’re a couple that’s due to be wed, or you’ve been married for many years already, St Helens Law is here to help with all your prenuptial and postnuptial agreement needs.

Aligning with the correct solicitor in situations such as these is essential if you want to strengthen the enforceability and viability of your agreement, while ensuring it remains fair for everyone. That’s where we come in.

Our team of family law solicitors in St Helens are your ideal choice to offer specialist legal advice and put your marital agreement – whichever it may be – into motion, so you can rest easy knowing your beloved assets remain protected.

We can also help you further understand these qualifying nuptial agreements, and how they can be an important step in solidifying the financial positions of both you and your partner after separation.

To find out more, book an appointment with one of our marital agreements experts now.