Pre-nups poised for a legal shake-up: could they soon be legally binding?

A fairer approach to financial arrangements after separation and better protections for cohabitants.

Twelve years after the Law Commission first recommended that it should be possible to put legally binding nuptial agreements in place, the Government has recently included plans to introduce “qualifying nuptial agreements” as part of wider legislative reform. Under the proposals set out in the consultation, A fairer end to relationships, launched on 5 June 2026, qualifying nuptial agreements would be legally enforceable.

What is a Pre-Nuptial Agreement?

A Pre-Nuptial Agreement is an agreement entered into by a couple before they marry or enter into a civil partnership, in which they agree on how their assets and finances should be split in the event of a future divorce.

Pre-Nuptial Agreements have become increasingly commonplace in recent years and are not only for “beautiful people” (contrary to the lyrics of Ed Sheeran's well-known song). Pre-Nuptial Agreements can play an important role in family succession planning by helping to ringfence and protect family assets, inherited wealth, and business interests. If the Government’s proposals become law, properly drafted Pre-Nuptial Agreements are likely to become more popular and an even more powerful planning tool.

What is the current legal standing of Pre-Nuptial Agreements?

Under current law, Pre-Nuptial Agreements are not legally binding in England and Wales because a court retains ultimate discretion over financial settlements on divorce.

However, in their landmark decision in Radmacher v Granatino, the Supreme Court held that a court should give effect to the terms of a Pre-Nuptial Agreement that the parties have entered into freely unless it would be unfair in the circumstances to hold the parties to the terms. In their decision, the Supreme Court laid down several features that a Pre-Nuptial Agreement must satisfy to be upheld. These include the following:

• The agreement must be entered into freely by both parties without any pressure being placed upon them.

• Both parties must fully appreciate and understand the implications of entering into the agreement. This means that both parties must receive their own independent legal advice and make full disclosure of their finances to the other before the agreement is signed.

• It must be fair to hold the parties to the agreement in the circumstances at the time. This means that the agreement cannot undermine the requirements of any children of the marriage; it should be reviewed periodically throughout the marriage; and the terms cannot leave one party with insufficient resources to meet their needs whilst the other party is comfortably provided for.

Even under existing law, therefore, if a Pre-Nuptial Agreement satisfies the required criteria, it is often enforceable in practice, can carry significant weight, and must, at the very least, be treated as a relevant factor.

What reforms are being proposed to the current law?

In A fairer end to relationships, the Ministry of Justice has consulted on a significant proposal to make properly executed nuptial agreements, including Pre-Nuptial Agreements, legally binding on divorce for the first time. Under the proposed reforms, these agreements would be known as “qualifying nuptial agreements” (QNAs).

What criteria does a Pre-Nuptial Agreement have to satisfy to be a QNA?

To satisfy the definition of a QNA, the consultation proposes that a Pre-Nuptial Agreement will need to meet formal safeguards. These are similar to the requirements laid down by the Supreme Court in Radmacher v Granatino. The recommended safeguards are that a Pre-Nuptial Agreement must:

• be contractually valid, including signed without any undue influence or misrepresentation;

• be entered into as a deed;

• be signed no later than 28 days before the wedding or civil partnership;

• include full disclosure by both parties of material details about their assets and financial information (and it should not be possible for either party to waive their right to disclosure);

• be entered into only after both parties have received independent legal advice (and it should not be possible for either party to waive their right to legal advice); and 

• include statements signed by both parties that they understand the agreement is a QNA and will partially remove the court’s discretion to make financial orders in the event of divorce.

  It is important to note, though, that even where a QNA meets the above criteria, the court will retain certain powers to intervene to ensure a party’s financial needs are met. Separately, no agreement will be able to remove the court's ability to make appropriate provision for children of the family.

Matrimonial and Non-Matrimonial Property

The distinction between the concepts of “matrimonial property” and “non-matrimonial property” is also relevant to Pre-Nuptial Agreements. Matrimonial property is property acquired through either or both parties’ endeavours during the marriage, whilst non-matrimonial property is property that is acquired or inherited by one party before the marriage or inherited during the marriage. In the recent landmark case of Standish v Standish, the Supreme Court clarified this distinction and the rules on “matrimonialisation”, whereby non-matrimonial property is permanently converted into matrimonial property.

The Government’s consultation includes further proposals to build on the ruling in Standish v Standish. These are to:

• introduce clearer statutory definitions of matrimonial property and non-matrimonial property (reflective of Standish); and 

• formally codify in law how the principles of ‘sharing’ and ‘needs’ should be applied to matrimonial property, non-matrimonial property, and to meet the court’s overriding objective of fairness on divorce. 

Where now?

The consultation closed on 14 August 2026, and the Government's formal response is awaited as at the date of publication of this article. Nothing in the consultation or proposals changes the law as it currently stands. 

Given the potential changes, couples considering a Pre-Nuptial Agreement should, if anything, feel more encouraged to put one in place. Couples should, though, take care to ensure that their agreement satisfies the criteria laid down in Radmacher v Granatino and the proposed criteria for QNAs, to give the best chance of the Pre-Nuptial Agreement being upheld under current law and if the proposed reforms are enacted. This includes both parties obtaining independent legal advice. 

If you or a family member are getting married and would like to discuss how a Pre-Nuptial Agreement could work for you, please contact Imogen Taylor.

 If you’d like to discuss your estate planning in light of these upcoming reforms, please contact any member of the Probate, Tax and Estate Planning team on 0113 244 6100.

You can also keep up to date by following Wrigleys Solicitors on LinkedIn.

The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors.

What reforms are being proposed to the current law?