A prenuptial agreement can give couples greater financial clarity before marriage or a civil partnership. It can set out how property, savings, investments, business interests, inheritance, pensions and other financial assets should be treated if the relationship later ends.

However, there are limits to what a prenup can reliably control. Matters involving children, personal behaviour and provisions that would create an unfair outcome cannot simply be decided in advance through a private agreement.

In England and Wales, prenuptial agreements are not automatically legally binding. Following the Supreme Court decision in Radmacher v Granatino, the court should give effect to a nuptial agreement entered into freely with a full appreciation of its implications unless it would be unfair to hold the parties to it.

JMW's prenuptial agreement lawyers advise on drafting agreements that reflect your financial circumstances while giving them the strongest possible prospect of carrying weight if they are later considered by the court.

These limits do not make a prenuptial agreement ineffective. A properly prepared agreement can still deal with substantial financial arrangements and may carry significant weight.

Can a Prenup Decide Child Arrangements?

A prenup cannot conclusively decide future child arrangements. It cannot bind the court on where a child will live, how much time they will spend with each parent or how important decisions about their upbringing will be made. These issues are sometimes described as child custody, although family law in England and Wales uses the term child arrangements.

Under section 1 of the Children Act 1989, a child's welfare is the court's paramount consideration when it determines questions about their upbringing.

A couple can discuss their intentions for future parenting, but these provisions will not override the welfare-based approach applied by the court. If child arrangements later become disputed, our child arrangement order solicitors can provide advice based on the circumstances at that time.

Can Child Maintenance Be Included in a Prenup?

A prenuptial agreement cannot permanently determine how much child maintenance will be paid or prevent appropriate child support being sought later.

Parents can make their own arrangements for meeting a child's financial needs. Government guidance on private child maintenance arrangements recommends that parents agree payments directly, although the Child Maintenance Service may be used where agreement cannot be reached or a more formal arrangement is needed.

A prenup may record expectations about financial provision for children, but it cannot remove the legal framework that applies when child maintenance is assessed after separation. The Supreme Court has also made clear that a nuptial agreement cannot prejudice the reasonable requirements of children of the family.

Can You Include Lifestyle Clauses in a Prenup?

Lifestyle clauses concern how a couple expects each other to behave rather than how their finances should be dealt with. They might refer to household responsibilities, appearance, holidays, personal habits or other day-to-day expectations.

These personal lifestyle clauses are not enforceable and are not usually found in prenuptial agreements. JMW's guide to what a prenup is and what it can cover explains that UK family law will not enforce provisions relating to personal behaviour.

The stronger approach is usually to keep the legal document focused on clear financial arrangements that can be identified, disclosed and reviewed objectively.

Can a Prenup Include an Infidelity or Cheating Clause?

A clause imposing a financial penalty because of one partner’s infidelity cannot be relied on in England and Wales. Infidelity is personal behaviour, so a “cheating clause” will not be treated in the same way as a provision dealing with property, savings or business interests.

Infidelity also does not automatically void a prenuptial agreement. The court instead considers whether the agreement as a whole should carry weight and whether it is fair to hold the parties to it.

This is different from conduct that has a direct financial effect, such as one party disposing of substantial assets. That may need to be addressed within the wider financial settlement.

Can a Prenup Include Terms That Encourage Divorce?

A prenuptial agreement should set out financial arrangements if the relationship ends; it should not be designed to encourage divorce.

Clauses that reward one party for ending the marriage, or impose punitive consequences simply because divorce is sought, are unlikely to be viewed positively by the family court. A more robust agreement focuses on the financial consequences of separation rather than creating incentives or punishments around the decision itself.

Can a Prenup Leave One Partner Without Financial Support?

A prenup can include spousal maintenance provisions and may set out an intention to limit or waive spousal support. However, it cannot reliably be used to leave one party unable to meet their reasonable financial needs.

When determining a financial settlement, the court retains broad powers under the Matrimonial Causes Act 1973 and considers matters including income, earning capacity, property, financial resources, needs and responsibilities.

An agreement that appeared workable when it was signed may therefore receive less weight if it would later cause serious financial hardship. The birth of children, reduced earnings to care for the family, illness or other major changes in financial circumstances can all be relevant.

What Can Be Included in a Prenup?

A prenuptial agreement can cover a broad range of financial matters. This is particularly useful where either person enters the marriage with significant assets, expects a future inheritance or wants greater certainty around business or property ownership.

Depending on the circumstances, matters included in a prenup may include:

• Property owned before the marriage and other pre-marital assets
• Assets acquired during the marriage
• Savings, investments and bank accounts
• Business interests, shares and business ownership, including family businesses
• Pensions and other long-term financial assets
• Inherited money and future inheritance
• Responsibility for debts and other liabilities
• Future assets or future gains
• Spousal maintenance provisions, subject to fairness and needs

For more detail on protecting business interests, see our guidance on dividing business assets in divorce.

The agreement should be tailored to the assets owned and the couple's wider financial future. Generic wording is less useful than provisions based on full financial disclosure and a clear understanding of what both parties are agreeing.

What Could Make a Prenup Less Likely to Be Upheld?

Some matters are difficult to cover because they fall outside the proper scope of a prenup. A separate issue is whether problems with the way the agreement was prepared could reduce the weight given to the agreement as a whole.

The Radmacher v Granatino decision places particular emphasis on whether each party entered into the prior agreement freely and with a full appreciation of its implications.

Lack of independent legal advice

Each person should seek independent legal advice from their own family law solicitor. This gives both parties the opportunity to understand the agreement, the rights they may be giving up and whether changes are needed before signing.

Independent legal advice is particularly important where there is a substantial difference in wealth or complex business interests, trusts, international assets or spousal maintenance provisions.

Incomplete financial disclosure

Full financial disclosure allows each person to understand the financial position before agreeing how assets should be treated. This should cover relevant property, investments, pensions, business interests, income, liabilities and other financial assets.

If financial disclosure is materially incomplete or inaccurate, it may be difficult to show that the other party fully understood the agreement's implications. Full and honest disclosure is therefore an important foundation for an enforceable prenup.

Pressure or duress

A prenuptial agreement should be entered into voluntarily. If one party was placed under undue pressure or had very little time to consider the document, this may affect the weight the court gives it.

Starting the process early allows both people time to obtain advice, complete disclosure and negotiate without the wedding date creating avoidable pressure.

Unfair terms or major changes in circumstances

The court considers fairness in the circumstances that exist when the agreement is relied upon, not only whether the terms appeared reasonable when it was signed.

Major developments such as children, a significant change in income, financial hardship or substantial changes in the assets available may affect the outcome. If an existing agreement is being challenged or defended during divorce proceedings, our solicitors for contesting prenuptial agreements can assess the agreement, the disclosure and advice provided at the time, and the parties' current circumstances.

Does a Prenup Have to Be Signed 28 Days Before Marriage?

There is currently no statutory rule in England and Wales that makes a prenuptial agreement automatically invalid because it was signed fewer than 28 days before the wedding. However, it is recommended that the agreement is finalised and signed at least 28 days before the marriage or civil partnership ceremony.

This gives both parties time to seek independent legal advice, complete full financial disclosure and consider the terms without undue pressure.

The 28-day period also features in proposals for reform. The Law Commission's recommendations on qualifying nuptial agreements proposed a statutory form of binding agreement subject to safeguards. The Government's 2026 consultation on financial remedies also proposes that qualifying nuptial agreements must not be made within the 28 days immediately before the ceremony.

These reforms are not yet the current law. If there is not enough time to complete a prenuptial agreement properly before the ceremony, the couple can consider postnuptial agreements and revisit the arrangements through a postnuptial agreement afterwards.

Do the Same Rules Apply to Civil Partnerships?

The same broad principles apply where a couple wants to make a nuptial agreement before entering into a civil partnership in England and Wales. It can address property, business interests, savings, investments and other financial matters, but cannot reliably predetermine child arrangements or permanently restrict child maintenance.

Both partners should seek independent legal advice and provide full financial disclosure. The law is different in Scotland and Northern Ireland, so advice should be taken in the relevant jurisdiction where necessary.