Jurisdiction(s):
United Kingdom

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...

Pre-nuptial agreements in England and Wales: enforceability, disclosure and independent advice requirements, fairness criteria, key terms and international considerations—client guide

Published by a LexisNexis Family expert

Precedents

This document offers general guidance on Pre-Nuptial Agreements. Your family solicitor can provide specific advice tailored to your circumstances.

What is a pre-nuptial agreement?

A couple preparing to marry or enter a civil partnership may choose an Agreement that sets out what they intend should happen to their money and property if the marriage or civil partnership were to end. The legal position stems from the ordinary laws on divorce and dissolution, and from the Supreme Court’s 2010 ruling in Radmacher v Granatino, which stated: ‘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’.

Why enter into a pre-nuptial agreement?

People have different motivations for entering into a pre-nuptial agreement. You and your intended spouse or civil partner may simply prefer to be organised about your finances. Putting a pre-nuptial agreement in place does not mean you are more likely to separate...

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Web page updated on 22/05/2026

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