How to Get a Prenup in the UK: The Complete Process

How Do You Get a Prenup in the UK?

A prenuptial agreement in England and Wales is not something you can make informally or by downloading a template and signing it yourself. To carry meaningful evidential weight under the principles established in Radmacher v Granatino [2010] UKSC 42, the process must involve both partners instructing separate, independent solicitors, each partner receiving formal legal advice about the agreement's meaning and implications, full and frank disclosure of each partner's financial position, a professionally drafted bespoke document reflecting the specific assets involved, and a signed agreement at least 28 days before the wedding.

Starting the process early reduces time pressure, which itself reduces the risk of any challenge on grounds of duress. A prenup signed close to the wedding, or produced as an ultimatum, is vulnerable to legal challenge — even if the document itself is well-drafted. The quality of the process matters as much as the content of the agreement.

The Six Steps to a Court-Compliant Prenup

1. 1

   Have an Honest Conversation with Your Partner

   Quick Answer

   Raise the subject early — ideally 4–6 months before the wedding — and frame it as financial planning, not distrust. Both partners should feel free to raise concerns without pressure.

   The conversation itself is often the most valuable part of the prenup process. Couples who discuss finances openly before marriage frequently find it clarifying and relationship-strengthening, regardless of whether the prenup ultimately proceeds. This is not a conversation about distrust or preparing for failure — it is adult financial planning.

   Raise the topic early enough that neither party feels rushed or ambushed. A prenup raised close to the wedding — days or weeks before — is substantially more likely to face a successful legal challenge on grounds of duress or lack of time to consider. By contrast, a prenup raised 4–6 months before provides both partners with time to reflect, discuss with advisors, and reach agreement without pressure.

   Frame the conversation positively: "I want to make sure we have a clear plan for our finances" rather than "I'm worried you'll leave me." The prenup is protection for both parties — a shared agreement about shared assets.

2. 2

   Both Instruct Separate, Independent Solicitors

   Quick Answer

   Each partner must instruct their own separate, independent solicitor — not a shared one. Look for a Resolution Accredited Family Law Specialist or a solicitor with demonstrable prenup experience.

   This is non-negotiable. One solicitor cannot advise both partners — this would be a conflict of interest and would fundamentally undermine the independence that courts look for under the Radmacher v Granatino [2010] UKSC 42 criteria. If you attempt a prenup with both partners sharing a single solicitor, the agreement will be vulnerable to challenge, and a court is likely to disregard it.

   When choosing solicitors, look for:

   • A Resolution Accredited Specialist in family law — this is a meaningful marker of expertise and non-adversarial practice.
   • Demonstrable experience with prenuptial agreements — ask how many prenups the solicitor has drafted in the past year.
   • Clear communication and willingness to explain things in plain English.
   • Transparent fee structure — either fixed-fee or hourly with clear scope.

   The Law Society's Find a Solicitor service at lawsociety.org.uk helps identify local practitioners. Resolution's directory of Accredited Specialists is at resolution.org.uk. You do not need to choose solicitors in your local area — most prenup work can be done remotely by video, email, and post.

3. 3

   Complete Full Financial Disclosure

   Quick Answer

   Both parties must provide a comprehensive picture of their financial position. Omitting significant assets risks a court disregarding the agreement entirely.

   Disclosure is the foundation of a defensible prenup. If either party later conceals or misrepresents significant assets, a court may disregard the entire agreement on discovery. Conversely, comprehensive, contemporaneous disclosure — done at the time of agreement, not reconstructed afterwards — is the strongest evidence that the process was fair.

   Financial disclosure includes:

   • Residential and investment property (current market value and any outstanding mortgage balance)
   • Cash savings and bank accounts (all of them, across all institutions)
   • ISAs, stocks, shares, bonds, ETFs, and other investments (account statements)
   • Business interests, shareholdings, and ownership stakes (including valuations)
   • Pension transfer values (request from pension provider if not known)
   • Cryptocurrency and digital assets (wallets, holdings, approximate values)
   • Debts, loans, and personal guarantees (including credit card balances)
   • Expected inheritances (approximate value, time horizon if known)
   • Family trusts or beneficial interests you hold or expect to inherit from
   • Income, bonuses, commission, and profit-sharing arrangements (recent payslips and contracts)

   Your solicitor will guide the disclosure process and help structure the financial schedules. The two solicitors will typically correspond to agree that disclosure is complete before moving to drafting. If a significant asset is later discovered, it may form grounds for challenge to the agreement.

4. 4

   Your Solicitor Drafts a Bespoke Agreement

   Quick Answer

   Your solicitor drafts a bespoke agreement reflecting your specific assets, circumstances, and agreed terms — not a template adapted from a generic document.

   This is where a specialist solicitor's expertise becomes most valuable. A bespoke prenup is drafted specifically for your circumstances — it reflects the assets you have disclosed, the financial arrangements you have agreed, and the circumstances of your relationship. It is not a template with some names changed.

   A well-drafted prenup will typically cover:

   • Clear definitions of what assets are protected or ring-fenced (usually pre-marital assets and inherited/gifted property)
   • Treatment of assets accumulated during the marriage (shared pool, separate ownership, or combination)
   • Provisions for any children, if relevant, and how those might change the agreement's application
   • Review clauses or sunset provisions (e.g., the agreement may be reviewed on request if more than 10 years have passed, or adjusted if children are born)
   • Treatment of business interests, pensions, and other complex assets identified in disclosure
   • Financial provisions in the event of separation (how assets would be divided, maintenance arrangements if any)

   Once your solicitor produces the first draft, it is sent to the other party's solicitor for review and comment. This begins the negotiation phase.

5. 5

   Solicitor Negotiation and Amendments

   Quick Answer

   The two solicitors correspond professionally to agree the final terms. Partners do not negotiate directly — that is their solicitors' role.

   Once the first draft is produced, the reviewing solicitor — acting for the other partner — provides comments and proposed amendments. The drafting solicitor responds. This correspondence may go through several rounds before terms are agreed. The professional negotiation structure means the process is orderly, documented, and transparent.

   This is a normal part of the process — disagreement on certain terms is expected, and solicitors are trained to negotiate professionally and in good faith. Some common points of negotiation include:

   • What proportion of pre-marital assets are ring-fenced versus shared
   • How pensions are treated (whether shared or protected)
   • What happens to assets in the event of death versus divorce
   • Review or variation clauses — when and how the agreement might be revisited
   • Provisions for housing or childcare if the marriage ends

   If terms cannot be agreed on particular points, those provisions may be excluded from the final agreement, or the partners may decide the prenup cannot proceed. If overall agreement is impossible, mediation through a family mediator accredited by the Family Mediation Council is available.

6. 6

   Sign at Least 28 Days Before the Wedding

   Quick Answer

   Both parties sign the final agreement in the presence of their respective solicitors, who issue independent legal advice certificates. The signing must take place at least 28 days before the wedding.

   The timing and formality of signing are critical. The 28-day rule is the absolute minimum — courts will look very unfavourably on agreements signed closer to the wedding. The earlier you sign relative to your wedding date, the clearer the evidence that the agreement was not coerced or rushed.

   The signing process must follow these steps:

   • Each party signs separately, in the presence of their own solicitor — not together.
   • Before signing, the solicitor conducts a final advice meeting with their client, confirming the client understands the agreement and chooses to sign it.
   • After signing, the solicitor issues an "advice certificate" — a formal statement that independent legal advice was given and that the client confirmed they understood the agreement and signed it freely and with full understanding.
   • The signed documents and advice certificates are retained on the solicitor's file.

   The advice certificate is not just a formality — it is key evidence that the agreement meets the independence and full appreciation criteria courts look for. Without proper advice certificates, the agreement is vulnerable to challenge.

The Four Criteria — What Courts Actually Look For

The Supreme Court in Radmacher v Granatino [2010] UKSC 42 established the framework courts now use to assess prenuptial agreements. The court should give effect to a prenuptial 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. This is not a checklist that guarantees enforcement — it is the framework within which courts exercise their discretion. Each criterion is examined below.

Criterion 1: Freely Entered Into

An agreement is not freely entered into if one party was pressured — by the other partner, by family, or by circumstances — into signing without adequate time to consider the terms. Time is the most important factor here. A prenup produced weeks before the wedding, or sprung on one partner as an ultimatum, is vulnerable to challenge. Giving both partners adequate time to read, understand, and negotiate the terms — with their own solicitors — is the clearest evidence of free entry.

The evidence of free entry includes: the length of time between signing and the wedding (longer is better), whether the agreement was raised early in the relationship (early is better), whether each party had time to consult their own solicitor (documented is better), and whether either party had the opportunity to propose amendments (yes is better). If the process shows no evidence of pressure or coercion, this criterion is well-satisfied.

Criterion 2: Full Appreciation of Implications

Each partner must understand what they are agreeing to — both in terms of what the agreement provides and what they may be giving up. This is why independent legal advice is not optional but essential. The solicitor's role is to explain the agreement in plain terms, advise on what it means for the client's position, and certify that this advice was given. Where there is a language barrier, interpretation may be needed — this should be documented.

A court will look for evidence that the solicitor met with the client, explained the agreement, answered questions, and confirmed understanding before the client signed. The solicitor's advice certificate provides this evidence. If a client later claims they did not understand what they were signing, the presence of a solicitor's certificate — stating that advice was given — is powerful evidence against that claim.

Criterion 3: Full Financial Disclosure

Full financial disclosure means both partners declare all significant assets and liabilities. The disclosure schedule that accompanies the agreement provides a snapshot of each party's financial position at the time of signing. If one party later discovers that the other party concealed significant assets or liabilities, this is grounds for a successful challenge to the agreement.

What must be disclosed:

• Residential and investment property (market value and any outstanding mortgage)
• Cash savings and bank accounts
• ISAs, stocks, shares, bonds, ETFs, and other investments
• Business interests, shareholdings, and directorships
• Pension transfer values
• Cryptocurrency and digital assets
• Personal debts, loans, and guarantees
• Expected inheritances (approximate, if known)
• Family trusts or beneficial interests
• Ongoing income, bonuses, commission, and profit-sharing arrangements

The disclosure must be contemporaneous — exchanged at the time the agreement is made, not reconstructed afterwards. If a significant asset is discovered after signing, particularly if it appears to have been deliberately hidden, a court may disregard the agreement entirely.

Criterion 4: Not Unconscionable at Enforcement

An agreement that was entirely reasonable when made may appear harsh by the time of enforcement — if circumstances have changed significantly. Courts retain discretion to depart from prenup terms if upholding them would be unconscionable. This criterion focuses on fairness at the time of enforcement, not at signing.

Common scenarios where courts may depart from prenup terms include:

• The birth of children whose needs were not anticipated in the original agreement
• A significant change in one party's financial circumstances (e.g., redundancy, disability, loss of earning capacity)
• Terms that leave one party unable to meet basic living needs or housing requirements
• A very long marriage where the balance of contribution has shifted dramatically
• Discovery of fraud or concealment of assets at enforcement

Building review provisions into the agreement — for example, review at agreed intervals or on significant life events such as the birth of a child — reduces the risk of the agreement appearing stale or unfair at enforcement. A prenup is not set in stone; it can be varied by a subsequent written agreement (a postnuptial agreement or variation) if both parties agree and both receive fresh independent legal advice.

The Prenup Timeline: When to Start

What Happens If You Don't Have a Prenup?

In England and Wales, on divorce the court exercises discretion under the Matrimonial Causes Act 1973. The court considers a range of factors under Section 25, including the welfare of any children, the financial needs and resources of each party, the length of the marriage, and the contributions each party has made. Equal sharing of assets accumulated during the marriage is the starting point — not a guaranteed outcome.

Without a prenup, there is no documented agreement about how pre-marital assets, inherited wealth, or business interests should be treated. The court may award a share of assets the other partner had assumed were protected. In high-net-worth divorces, significant amounts can be at stake.

A prenup does not eliminate court discretion, but it provides powerful evidence of what the parties intended — and courts must give that evidence significant weight where the Radmacher v Granatino [2010] UKSC 42 criteria are met. This is why couples with substantial pre-marital assets, business interests, or family wealth frequently choose to have a prenup — not out of distrust, but as financial planning and certainty.

Frequently Asked Questions: Getting a Prenup in the UK