Prenuptial agreements have become increasingly common, particularly where one or both partners have property, businesses, inherited wealth or substantial assets before marriage.
But there is an important distinction many couples do not realise: in England and Wales, a prenuptial agreement is not currently automatically legally binding.
That could change.
In June 2026, the Ministry of Justice launched its A Fairer End to Relationships consultation, considering major reforms to financial arrangements following divorce and dissolution.
One of the proposals is the introduction of Qualifying Nuptial Agreements.
Under the proposed system, couples could enter into agreements determining how certain financial matters would be dealt with if their marriage or civil partnership later ended. If strict legal safeguards were satisfied, those agreements could become legally enforceable.
The Government is considering safeguards including both parties receiving independent legal advice, appropriate financial disclosure being provided and the agreement being properly executed. For agreements made before marriage, the consultation also considers a minimum period before the wedding during which the agreement should already have been completed.
There would still be limits.
The proposals do not suggest that couples should be able to use an agreement to leave one spouse without provision for essential financial needs. The needs of children would also remain an important consideration over and above the agreement.
At present, courts may give significant weight to prenuptial and postnuptial agreements following the Supreme Court's decision in Radmacher v Granatino, but the court retains discretion when determining a financial settlement.
The Government consultation closed on 14 August 2026 and the proposed new system is not yet law.
Nevertheless, the consultation represents an important development in the way financial planning before and during marriage may be treated in future.
References
Matrimonial Causes Act 1973.
Radmacher v Granatino [2010] UKSC 42.
Ministry of Justice (2026) A Fairer End to Relationships: Consultation Document. London: Ministry of Justice.
