Prenuptial Agreement (UK)
This Prenuptial Agreement (the “Agreement”) is made on [Agreement Date] by and between:
[Party 1 Name], born on [Party 1 DOB], of [Party 1 Address], [Party 1 City], [Party 1 County], [Party 1 Postcode], England, occupation: [Party 1 Occupation] (hereinafter referred to as “Party 1”); and
[Party 2 Name], born on [Party 2 DOB], of [Party 2 Address], [Party 2 City], [Party 2 County], [Party 2 Postcode], England, occupation: [Party 2 Occupation] (hereinafter referred to as “Party 2”).
Party 1 and Party 2 are referred to collectively in this Agreement as the “Parties” and individually as a “Party”.
BACKGROUND
WHEREAS the Parties intend to marry on or about [Marriage Date];
WHEREAS the Parties wish to record their agreement as to the ownership of their respective assets and the financial arrangements that shall apply between them in the event of the breakdown of their marriage or the dissolution thereof;
WHEREAS each Party has received independent legal advice from a qualified solicitor as to the terms and effect of this Agreement;
WHEREAS each Party has made full and frank disclosure of their financial position, assets, liabilities, income, and financial resources as set out in the schedules below and in the separate financial disclosure statements annexed hereto;
WHEREAS the Parties enter into this Agreement freely and of their own volition, without undue influence, duress, or misrepresentation of any kind;
NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, and in contemplation of the intended marriage between the Parties, the Parties agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, the following terms shall have the following meanings:
“Marriage” means the marriage intended to take place between Party 1 and Party 2 on or about [Marriage Date].
“Pre-Marital Assets” means all assets, property, and financial resources owned by either Party prior to the date of the Marriage, as set out in clauses 3 and 4 below.
“Matrimonial Assets” means all assets, property, and financial resources acquired jointly by the Parties during the subsistence of the Marriage.
“Separation” means the permanent physical separation of the Parties with the intention that the Marriage has broken down irretrievably.
1.2 This Agreement is entered into in accordance with the principles established by the Supreme Court of the United Kingdom in Radmacher v Granatino [2010] UKSC 42, in which the Court held that the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.
2. LEGAL STATUS AND GOVERNING PRINCIPLES
2.1 The Parties acknowledge that, under the current law of England and Wales, a prenuptial agreement is not automatically legally binding and cannot oust the jurisdiction of the court under Part II of the Matrimonial Causes Act 1973. However, following Radmacher v Granatino [2010] UKSC 42, the court will give effect to a nuptial agreement that satisfies the following conditions:
- the agreement was entered into freely by each party;
- each party had a full appreciation of the implications of the agreement at the time it was made;
- it would not be unfair in the circumstances prevailing at the time of the court’s consideration to hold the parties to their agreement.
2.2 Both Parties intend that this Agreement shall be given decisive weight by a court in any financial proceedings on divorce or dissolution, and both Parties intend to be bound by its terms.
2.3 If any future legislation (including but not limited to the Nuptial Agreements Bill recommended by the Law Commission in 2014) renders prenuptial agreements automatically binding, the Parties intend this Agreement to take effect as a qualifying nuptial agreement under such legislation.
3. PARTY 1 PRE-MARITAL ASSETS
3.1 Party 1 declares that, as at the date of this Agreement, they own the following assets, property, and financial resources:
[Party 1 Pre-Marital Assets]
3.2 Party 1’s Pre-Marital Assets shall remain the sole property of Party 1 in the event of Separation or divorce, and Party 2 shall have no claim or entitlement to any share of or interest in such assets.
3.3 Any increase in value or income generated by Party 1’s Pre-Marital Assets during the Marriage shall also remain the sole property of Party 1.
4. PARTY 2 PRE-MARITAL ASSETS
4.1 Party 2 declares that, as at the date of this Agreement, they own the following assets, property, and financial resources:
[Party 2 Pre-Marital Assets]
4.2 Party 2’s Pre-Marital Assets shall remain the sole property of Party 2 in the event of Separation or divorce, and Party 1 shall have no claim or entitlement to any share of or interest in such assets.
4.3 Any increase in value or income generated by Party 2’s Pre-Marital Assets during the Marriage shall also remain the sole property of Party 2.
5. THE MATRIMONIAL HOME
5.1 The intended matrimonial home is located at [Matrimonial Home].
5.2 The matrimonial home is [Home Ownership].
5.3 In the event of Separation or divorce, the Parties agree that the matrimonial home shall be dealt with in accordance with the ownership arrangement stated above, subject to the welfare needs of any minor children of the Marriage. The Party who is not the primary carer of any children shall vacate the property within a reasonable period to be agreed, or as determined by the court.
5.4 Where the matrimonial home is jointly owned, both Parties shall be equally responsible for the mortgage payments, maintenance costs, and household expenses during the Marriage.
6. JOINTLY ACQUIRED ASSETS
6.1 Any assets acquired jointly by the Parties during the subsistence of the Marriage (“Matrimonial Assets”) shall, in the event of Separation or divorce, be [Joint Assets Division].
6.2 For the avoidance of doubt, jointly acquired assets include property, vehicles, joint bank accounts, joint investments, and any other assets held in joint names or purchased with joint funds during the Marriage.
7. SPOUSAL MAINTENANCE
7.1 [Maintenance Approach].
7.2 The Parties acknowledge that the court retains jurisdiction under sections 23 and 25 of the Matrimonial Causes Act 1973 to make financial provision orders, including orders for periodical payments, and that this Agreement does not prevent either Party from applying to the court in the event that the terms of this clause are insufficient to meet their reasonable needs at the time of divorce.
8. FULL FINANCIAL DISCLOSURE
8.1 Each Party confirms that they have made full, frank, and clear disclosure of their financial circumstances to the other Party, including all assets, liabilities, income, and financial resources, whether held in their sole name, jointly, or through any trust, company, or nominee arrangement.
8.2 Each Party confirms that the financial information provided in this Agreement and in any separate financial disclosure documents is true, complete, and accurate to the best of their knowledge and belief.
8.3 Each Party acknowledges that the other Party has entered into this Agreement in reliance on the accuracy and completeness of the financial disclosure provided.
9. INDEPENDENT LEGAL ADVICE
9.1 Party 1 confirms that they have received independent legal advice from [Party 1 Solicitor] as to the terms, effect, and implications of this Agreement.
9.2 Party 2 confirms that they have received independent legal advice from [Party 2 Solicitor] as to the terms, effect, and implications of this Agreement.
9.3 Each Party confirms that they understand the rights they may be giving up by entering into this Agreement and that they have had the opportunity to ask questions and receive satisfactory answers from their respective solicitors.
10. NO WAIVER
10.1 A failure or delay by either Party to exercise any right or remedy provided under this Agreement shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
11. SEVERABILITY
11.1 If any provision of this Agreement is held by any court or other competent authority to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
11.2 If any invalid, void, or unenforceable provision would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.
12. ENTIRE AGREEMENT
12.1 This Agreement constitutes the entire agreement between the Parties in respect of the matters dealt with herein and supersedes all prior agreements, representations, warranties, and understandings between the Parties relating to the same subject matter.
12.2 Each Party acknowledges that they have not relied on any statement, representation, or warranty of any person that is not expressly set out in this Agreement.
13. AMENDMENTS
13.1 No amendment or variation of this Agreement shall be effective unless it is in writing and signed by both Parties, each having received independent legal advice on the proposed amendment.
14. THIRD PARTY RIGHTS
14.1 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
15. GOVERNING LAW AND JURISDICTION
15.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
15.2 Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Prenuptial Agreement on the date first written above, each having received independent legal advice and having made full financial disclosure.
PARTY 1
Full name: [Party 1 Name]
Address: [Party 1 Address], [Party 1 City], [Party 1 County], [Party 1 Postcode]
PARTY 2
Full name: [Party 2 Name]
Address: [Party 2 Address], [Party 2 City], [Party 2 County], [Party 2 Postcode]
Party 1
________________
Signature
Date: ________________
Party 2
________________
Signature
Date: ________________
What Is a Prenuptial Agreement (UK)?
A Prenuptial Agreement in the United Kingdom records what the parties agree about their relationship, finances, children, or property and the basis on which those arrangements stand, and takes its legal force from the Matrimonial Causes Act 1973.
Prior to Radmacher, prenuptial agreements were generally considered contrary to public policy in England and Wales because they were seen as contemplating the failure of a marriage. The Matrimonial Causes Act 1973, which remains the primary statute governing financial provision on divorce, does not contain any express provisions dealing with prenuptial agreements. However, in Radmacher, the Supreme Court held by a majority of 8-1 that the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.
The United Kingdom Prenuptial Agreement (UK) decision established that a prenuptial agreement is not a contract in the traditional sense under English law — it cannot oust the jurisdiction of the court under Part II of the Matrimonial Causes Act 1973 — but it is a highly relevant factor that the court will take into account when exercising its discretion to make financial orders on divorce. Where the three conditions identified in Radmacher are satisfied (freely entered into, full appreciation of implications, and not unfair in prevailing circumstances), the court may give the agreement decisive weight.
The Law Commission of England and Wales published a report in 2014 (Law Com No 343) recommending the introduction of qualifying nuptial agreements that would be automatically enforceable by statute, provided certain safeguards were met. Although this recommendation has not yet been enacted into legislation, the principles continue to guide judicial practice, and prenuptial agreements properly drafted under the Radmacher principles carry substantial persuasive weight in the Family Division and the Court of Appeal.
A UK prenuptial agreement typically addresses the protection of pre-marital assets, the division of jointly acquired property during the marriage, spousal maintenance (periodical payments), pension entitlements under the Welfare Reform and Pensions Act 1999, business interests, inheritance and gifts received during the marriage, and financial provision for any children. Full and frank financial disclosure by both parties is essential — non-disclosure is one of the primary grounds on which a court may refuse to give weight to an agreement.
The legal framework governing the Prenuptial Agreement (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under UK law, the UK GDPR and Data Protection Act 2018 govern personal data in this document. The Consumer Rights Act 2015 protects individuals in consumer transactions. Section 62 of the Consumer Rights Act 2015 addresses unfair terms. The County Court and High Court of Justice have jurisdiction over personal disputes under the Senior Courts Act 1981 and the County Courts Act 1984. The Information Commissioner's Office (ICO) enforces data protection. Parties executing a Prenuptial Agreement (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Matrimonial Causes Act 1973 sets the foundational requirements.
When Do You Need a Prenuptial Agreement (UK)?
A prenuptial agreement is appropriate whenever one or both parties to an intended marriage wish to establish clear financial arrangements in advance of the marriage. While once considered the preserve of the very wealthy, prenuptial agreements are now increasingly common across all income levels in England and Wales, reflecting growing awareness of the protection they offer and the costs and uncertainty of contested financial proceedings on divorce.
The most common circumstances in which a prenuptial agreement is advisable include situations where one party has significantly greater wealth than the other — whether in the form of property, savings, investments, or business interests — and wishes to protect those pre-marital assets from claims on divorce. This was precisely the factual scenario in Radmacher v Granatino, where Katrin Radmacher, a German heiress with family wealth of approximately 100 million pounds, entered into a prenuptial agreement with her husband Nicolas Granatino before their marriage.
A prenuptial agreement is also strongly recommended where one or both parties own a business or hold shares in a company, as the division of business assets on divorce can be highly complex and disruptive. The agreement can specify that the business remains the sole property of the owning party, avoiding forced sales or share valuations that could damage the business.
Parties who are entering a second or subsequent marriage often use prenuptial agreements to protect assets earmarked for children from a previous relationship. Similarly, where a party has received or expects to receive a significant inheritance, a prenuptial agreement can ring-fence those inherited assets.
Where one party is relocating to England and Wales from another jurisdiction to marry, a prenuptial agreement provides certainty about which country's laws will govern the financial consequences of any future divorce. This is particularly important given that the financial remedies available under the Matrimonial Causes Act 1973 are among the most generous in the world for the financially weaker party.
A prenuptial agreement is also advisable where the parties have different financial expectations or where there is a significant age difference that may affect earning capacity over the course of the marriage. In all cases, the agreement should be entered into well in advance of the wedding — at least 28 days before, and ideally 2 to 3 months before — to avoid any suggestion that either party was put under pressure to sign.
What to Include in Your Prenuptial Agreement (UK)
A well-drafted prenuptial agreement for England and Wales must satisfy several requirements to maximise its enforceability under the principles established in Radmacher v Granatino [2010] UKSC 42 and to withstand scrutiny by the Family Division of the High Court.
The first and most critical requirement is full and frank financial disclosure. Both parties must disclose all of their assets, liabilities, income, and financial resources. Non-disclosure is one of the primary grounds on which a court will refuse to uphold a prenuptial agreement, because a party cannot be said to have freely entered into an agreement with a full appreciation of its implications if they were not aware of the other party's true financial position. The financial disclosure should be detailed and supported by documentary evidence where possible.
The second requirement is independent legal advice. Each party should receive advice from a separate, independent solicitor who specialises in family law. The solicitor should explain the terms of the agreement, the rights the party may be giving up, the current state of the law, and the potential outcomes on divorce with and without the agreement. Each solicitor should provide a signed certificate confirming that independent legal advice was given.
The third requirement is timing. The agreement should be signed at least 28 days before the wedding to avoid any argument that a party was put under pressure or duress in the run-up to the ceremony. Ideally, negotiations should begin several months before the wedding to allow both parties adequate time to consider the terms and take legal advice.
The substantive terms of the agreement should address the following key areas. Pre-marital assets: a clear schedule of each party's assets, property, and financial resources as at the date of the agreement, with confirmation that these shall remain the sole property of the owning party. Jointly acquired assets: provisions for how property and assets acquired during the marriage will be divided on separation, whether equally or in proportion to contributions. The matrimonial home: specific provisions for the treatment of the property intended to be the family home, including ownership, mortgage responsibility, and rights of occupation. Spousal maintenance: whether a clean break is intended under section 25A of the Matrimonial Causes Act 1973, or whether periodical payments will be available and on what terms. Pension sharing: the treatment of pension entitlements under the Welfare Reform and Pensions Act 1999. Business interests: protection for businesses owned before or started during the marriage. Inheritance and gifts: ring-fencing of inherited assets and third-party gifts. Financial provision for children: while the agreement cannot predetermine custody or living arrangements (which are governed by the paramountcy principle under section 1(1) of the Children Act 1989), it can address financial support such as school fees and maintenance. A review clause requiring periodic reassessment of the agreement is strongly recommended to confirm it remains fair as circumstances change. A sunset clause may also be included to provide that the agreement expires after a specified period. The forms-legal.com Prenuptial Agreement (UK) template covers the mandatory elements under the Matrimonial Causes Act 1973.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Prenuptial Agreement (UK) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/personal/family/prenuptial-agreement-uk
"Prenuptial Agreement (UK) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/personal/family/prenuptial-agreement-uk.
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title = {Prenuptial Agreement (UK) (United Kingdom)},
year = {2026},
howpublished = {\url{https://forms-legal.com/uk/personal/family/prenuptial-agreement-uk}},
note = {Free legal document template. Based on Matrimonial Causes Act 1973; Radmacher v Granatino [2010] UKSC 42}
}Also available for these jurisdictions:
Frequently Asked Questions
Prenuptial agreements are not automatically legally binding in England and Wales, unlike in many other jurisdictions. However, following the landmark Supreme Court decision in Radmacher v Granatino [2010] UKSC 42, the court will give effect to a prenuptial agreement that was freely entered into by each party with a full appreciation of its implications, unless in the circumstances prevailing at the time it would not be fair to hold the parties to the agreement. The court will consider three key factors: (1) whether the agreement was entered into freely without undue influence or duress; (2) whether each party had a full understanding of the agreement and its consequences, which in practice means each party should have received independent legal advice; and (3) whether it would be unfair to hold the parties to the agreement at the time of divorce. The Law Commission recommended in 2014 that qualifying nuptial agreements be given statutory force, but this recommendation has not yet been enacted into legislation.
Several practical steps significantly increase the likelihood that a court will uphold a prenuptial agreement. First, both parties must receive independent legal advice from separate solicitors — this is the single most important safeguard. Second, both parties must make full and frank financial disclosure of all assets, liabilities, income, and financial resources; non-disclosure can undermine the entire agreement. Third, the agreement should be signed at least 28 days before the wedding (ideally 2-3 months) to avoid any argument of duress or pressure. Fourth, the terms should be fair and should not leave either party in a position of real need. Fifth, the agreement should include a review clause to confirm it remains fair as circumstances change over the course of the marriage. Finally, the agreement must be entered into voluntarily without undue influence, coercion, or exploitation of a dominant position.
No. A prenuptial agreement cannot oust the jurisdiction of the court under Part II of the Matrimonial Causes Act 1973. The court retains full discretion to make financial provision orders on divorce, including orders for periodical payments (maintenance), lump sums, property adjustment, and pension sharing under sections 23, 24, and 24B of the Act. When exercising this discretion, the court is required to consider all the circumstances of the case under section 25, including the financial needs and obligations of each party, the standard of living enjoyed during the marriage, the duration of the marriage, and any contributions made by each party. The prenuptial agreement is one of the circumstances the court will take into account, and following Radmacher v Granatino, it may be given decisive weight — but it remains within the court's discretion and will not be upheld if it produces an unfair outcome, particularly where children's needs are concerned.
The birth of children is one of the most significant factors that can affect the weight a court gives to a prenuptial agreement. Under section 25(1) of the Matrimonial Causes Act 1973, the court is required to give first consideration to the welfare of any minor child of the family. A prenuptial agreement cannot predetermine custody arrangements or living arrangements for children — these are always subject to the paramountcy principle under section 1(1) of the Children Act 1989, which requires that the child's welfare is the court's paramount consideration. However, a prenuptial agreement can address financial provision for children, such as school fees, maintenance contributions, and housing needs. If the birth of children materially changes the financial circumstances envisaged when the agreement was made, the court may depart from the terms of the agreement to confirm the children's needs are met. This is one reason why including a review clause triggered by the birth or adoption of a child is strongly recommended.
While it is not a strict legal requirement that both parties receive independent legal advice, it is very strongly recommended and is in practice treated as essential for enforceability. The Supreme Court in Radmacher v Granatino [2010] UKSC 42 emphasised that each party should have a full appreciation of the implications of the agreement. The most effective way to demonstrate this is for each party to receive advice from a separate, independent solicitor who specialises in family law. Each solicitor should explain the terms of the agreement, the rights the party may be giving up, the current state of the law regarding prenuptial agreements, and the potential outcomes on divorce both with and without the agreement. Each solicitor should also provide a signed certificate confirming that they have given independent legal advice. Using the same solicitor for both parties creates an obvious conflict of interest and is likely to undermine the court's confidence in the agreement.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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