Jurisdiction(s):
United Kingdom

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Key definition

Pre-nuptial agreement definition

What does Pre-nuptial agreement mean? A pre-nuptial agreement (prenuptial agreement, prenup, nuptial or pre‑civil partnership agreement; also called a marital agreement) is a contract made before marriage or civil partnership setting out how the parties’ property and finances will be dealt with on separation, divorce or dissolution. It typically ring‑fences non‑matrimonial property (assets brought to the relationship and inheritances received during it) and states how pre‑acquired and after‑acquired assets, business interests and debts are to be divided. It addresses spousal maintenance, but cannot limit provision for children. England & Wales and Northern Ireland: not defined by statute. Under case law, courts may give significant weight where...

Court treatment of pre-nuptial agreements in financial remedies: Radmacher, key authorities, procedure and Law Commission proposals (England and Wales)

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Practice notes

This Practice Note outlines the courts' approach to pre-nuptial or pre-marital Agreements, and summarises leading case law from before and after the Supreme Court decision in Radmacher (formerly Granatino) v Granatino. It also reviews the Law Commission’s report on matrimonial property, needs and agreements, and the notion of qualifying nuptial agreements.

What is a Pre-Nuptial Agreement?

A pre-nuptial (or pre-civil partnership) agreement is made by parties planning to marry or enter a civil partnership, setting out how their affairs should be managed if the relationship ends. For most, the emphasis is on financial arrangements, though the parties may also stipulate the jurisdiction in which any divorce or dissolution should proceed. While pre-nuptial agreements are not formally binding in England and Wales, the courts have treated them as persuasive and at times even 'decisive', and such an agreement can shape the result of a financial remedy application, including as one element within all the circumstances of the case...

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Web page updated on 21/05/2026

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