Prenups and second marriages in the UK

If you’re thinking about marrying or forming a civil partnership later in life, especially for a second time, the question of a prenuptial agreement often comes up. You may own a home, have savings and a pension, and want to protect what you’ve built for your children. You may have been through a painful divorce and never want to fight over money again. Or your partner, or your adult children, may have raised the idea.

This guide explains, in plain terms, what prenuptial and postnuptial agreements are, how they’re generally treated in England and Wales, Scotland and Northern Ireland, what they can and can’t do, how they fit alongside wills and pensions, the questions people commonly discuss with solicitors, and how to raise the subject with a partner. It is general information only. The law in this area is complex and under review, and whether an agreement is right for you, and how it should be drafted, is a matter for a family law solicitor.

What is a prenup?

A prenuptial agreement is a written agreement made by a couple before they marry or form a civil partnership. It sets out how they’d like their money, property and other assets to be divided if the marriage or civil partnership ends.

A postnuptial agreement (“postnup”) is similar, but made after the wedding. Some couples make one if they didn’t have time for a prenup, or if their circumstances change.

What prenups often cover

• which assets each person brings into the marriage, such as a home, savings, investments or a business
• how those assets would be treated on divorce
• how any assets acquired during the marriage would be treated
• how pensions would be treated
• whether either person would make financial claims against the other
• sometimes, arrangements for a shared home

Why prenups are common in second marriages

People marrying later in life often have more reasons to consider a prenup than younger couples marrying for the first time.

• More assets. Homes, savings, pensions and inheritances built up over decades.
• Children from previous relationships. Many people want their assets to pass to their own children.
• Past divorce. Someone who went through a costly or painful divorce may want more certainty.
• Different financial positions. One partner may have much more than the other.
• Family expectations. Adult children sometimes worry about inheritance, and a prenup can be part of a wider plan to reassure them.

Our guide to protecting your children’s inheritance in a new relationship explains the wider picture, including wills and trusts.

How prenups are treated in England and Wales

Not automatically binding

In England and Wales, a prenup isn’t automatically legally binding in the way an ordinary contract is. If a couple divorces, the court still decides how to divide assets, and it has a wide discretion to do what it considers fair.

But courts give them weight

In 2010, in the case of Radmacher v Granatino, the Supreme Court said that a court should give effect to a nuptial agreement that was freely entered into by each party with a full appreciation of its implications, unless, in the circumstances at the time, it would not be fair to hold the parties to it. Since then, courts have generally upheld prenups that meet that test.

Factors courts consider

Guidance from case law and the Law Commission suggests courts are likely to look at matters such as:

• Independent legal advice. Whether each person had their own legal advice.
• Full financial disclosure. Whether each person knew about the other’s finances.
• Free will. Whether either person was pressured into signing.
• Timing. Whether the agreement was signed well before the wedding, rather than at the last minute. The Law Commission recommended at least 28 days before for its proposed reform.
• Needs. Whether the agreement would leave either person, or any children, without their needs being met.
• Changes in circumstances. Whether things have changed significantly since the agreement was made, such as serious illness.

How these apply in a particular case is a matter for a family law solicitor.

The law is under review

The Law Commission recommended in 2014 that “qualifying nuptial agreements” should be binding if certain conditions were met, but that recommendation wasn’t implemented. In December 2024, the Law Commission published a scoping report on financial remedies on divorce, which again considered the issue. In June 2026, the Ministry of Justice opened a consultation called “A fairer end to relationships”, covering financial remedies on divorce and dissolution and financial provision for cohabitants, which closed in August 2026. Any changes to the law will depend on what the government decides next, so it’s worth checking the current position with a solicitor.

How prenups are treated in Scotland

Scotland has a different legal system. In general, prenuptial agreements are enforceable in Scotland. However, under Scottish law, a court can set aside or vary an agreement about financial provision on divorce if it wasn’t fair and reasonable at the time it was entered into. Scotland also has different rules on how matrimonial property is defined and divided. A Scottish family law solicitor can explain how this applies to you.

Northern Ireland

Northern Ireland has its own family law. Its courts have generally taken an approach similar to that in England and Wales, giving weight to agreements depending on the circumstances. If you live in Northern Ireland, a solicitor there can explain the current position.

Civil partnerships

The same general principles apply to agreements made before or during a civil partnership as to marriages.

What a prenup can’t do

It doesn’t decide what happens on death

A prenup is mainly about what happens if you separate. What happens to your assets when you die is governed by your will and inheritance law. In England and Wales, marriage automatically cancels an existing will unless it was made in contemplation of that marriage. In Scotland, marriage doesn’t cancel a will, but a spouse and children have legal rights to part of an estate. Many people considering a prenup also review their wills with a solicitor at the same time.

It can’t override children’s needs

Courts put the needs of children first. An agreement that left children without adequate provision is unlikely to be upheld as it stands.

It may not cover everything

Courts may not follow an agreement that leaves one person in real need, particularly after a long marriage or a big change in circumstances.

It doesn’t change pensions automatically

Pension rights on divorce are complex. A prenup can say what a couple intends, but how pensions are treated on divorce depends on the law and the court. A regulated financial adviser and solicitor can explain this. Our guide to what happens to your pension if you remarry covers related issues.

Questions people commonly discuss with a solicitor

If you’re thinking about a prenup, these are the kinds of questions solicitors usually cover. Writing down your answers in advance can make the first meeting more productive.

1. What assets, debts and pensions do we each have?
2. Which assets do we want to protect, and for whom?
3. Do either of us expect an inheritance?
4. Where will we live, and who owns the home?
5. What would we want to happen if we separated after one year, five years or twenty?
6. What would happen if one of us became ill or needed care?
7. How does this fit with our wills?
8. Do we need financial advice about pensions or tax?
9. How much time do we have before the wedding?
10. What are the likely costs of drawing up and advising on an agreement?

What the process usually involves

Every solicitor works differently, but making a prenup typically involves several stages:

1. Initial meetings. Each partner meets their own solicitor to discuss their situation and what they’d like to achieve.
2. Financial disclosure. Each person sets out their assets, debts, income and pensions, usually with supporting documents, and shares this with the other.
3. Drafting. One solicitor usually prepares a draft agreement.
4. Review and negotiation. The other partner’s solicitor reviews the draft and may suggest changes. There may be several rounds.
5. Signing. Both partners sign, ideally well before the wedding.
6. Review later. Some agreements include a clause to review them after a set number of years, or after major events such as illness or retirement.

The whole process can take several weeks or longer, which is one reason people are generally advised to start early.

Reviewing an agreement over time

Circumstances change over a long marriage: health, homes, pensions, inheritances and family situations. An agreement that seemed fair at the start may look very different ten years later. Some couples choose to review their agreement periodically, with legal advice, so it continues to reflect their situation.

How to raise the subject with a partner

Many people find the idea of a prenup unromantic, and worry that suggesting one will seem mistrustful. How you raise it makes a big difference.

Choose the right time

Raise it early, well before the wedding, when there’s plenty of time and no pressure. A conversation in the weeks before the wedding is much harder.

Explain why

Focus on your reasons rather than on your partner. For example:

• “I want my children to know their inheritance is safe, so they can feel happy for us.”
• “After my divorce, I’d feel more secure knowing we’d never have to fight over money.”
• “We both have a lot to protect. I’d like us to agree now, while we’re getting on so well.”

Make it mutual

A prenup can protect both of you. Ask what your partner would want included too.

Suggest you both get advice

Each person having their own solicitor is one of the factors courts look at, and it also means both of you understand what you’re agreeing to.

Listen

Your partner may have strong feelings. Give them time to think.

Our guide to money in later-life relationships has more on talking about money as a couple.

If you’re widowed

If you’re marrying again after being widowed, some additional issues may come up, such as survivor pensions from a late spouse that could stop on remarriage, and assets you inherited that you’d like to pass to your own children. These are matters to raise with a solicitor and your pension scheme before the wedding. Our guide to what happens to your pension if you remarry explains the general rules.

Adult children and prenups

Adult children sometimes raise the idea of a prenup, particularly if they’re worried about the family home or inheritance. It’s natural for them to care, but the decision is yours and your partner’s. It can help to explain that you’re taking advice and making arrangements, without sharing every detail. Our guide to when adult children disapprove of your new partner covers these conversations.

Alternatives and complements to a prenup

Some couples decide that a prenup isn’t right for them, or use other arrangements alongside one. Options solicitors commonly discuss include:

• Wills, including life interest trusts, which govern what happens on death.
• How property is owned, for example as tenants in common with a declaration of trust.
• Keeping finances separate in practice.
• Not marrying, and living together or apart instead, which has very different legal consequences. Our guide to remarrying, living together or living apart sets out the differences.
• Cohabitation agreements for couples who live together without marrying.

Each has different consequences, and a solicitor can explain which combination, if any, suits your situation.

The emotional side

Prenups can bring up difficult feelings: memories of a previous divorce, worries about trust, or fears about the future. It’s normal for the conversation to feel uncomfortable. Many couples find that, once they’ve talked it through and taken advice, they feel more secure, not less. If it’s causing serious conflict, a relationship counsellor can help. Relate offers counselling for couples.

Frequently asked questions

Are prenups legally binding in the UK?

In England and Wales, they aren’t automatically binding, but courts generally give them significant weight if they’re fair and were properly made. In Scotland, they’re generally enforceable unless they weren’t fair and reasonable when made. A solicitor can explain how this applies to you.

Is the law on prenups changing?

It’s under review in England and Wales. The Ministry of Justice consulted on reforms to financial arrangements when relationships end in 2026. Check the current position with a solicitor.

Does a prenup protect my children’s inheritance?

A prenup deals mainly with divorce. Inheritance on death is governed by wills and inheritance law, which a solicitor can advise on alongside any prenup.

When should a prenup be signed?

Timing is one of the factors courts consider. Agreements signed well before the wedding are generally treated more favourably than last-minute ones. A solicitor can advise on timing.

Do we both need a solicitor?

Independent legal advice for each person is one of the factors courts look at when deciding how much weight to give an agreement.

Can we make an agreement after we marry?

Yes. A postnuptial agreement is made after the wedding and is generally treated in a similar way.

Related guides

• Dating after a second divorce
• Cohabitation rights in England and Wales
• Protecting your children’s inheritance in a new relationship
• Should you remarry after 50? Marriage vs living together vs living apart
• What happens to your pension if you remarry?
• Money in later-life relationships
• Moving in or buying a home together after 50
• When adult children disapprove of your new partner

Sources

• Radmacher v Granatino [2010] UKSC 42.
• Law Commission, Matrimonial Property, Needs and Agreements (2014) and Financial remedies on divorce and dissolution: a scoping report (December 2024).
• House of Lords Library, Financial provision on divorce and dissolution (October 2025).
• Ministry of Justice, A fairer end to relationships consultation (June to August 2026).
• Family Law (Scotland) Act 1985, section 16.
• House of Commons Library, Pre-nuptial agreements briefing.