Prenuptial Agreement Template (UK)

Updated on 13 August 2026

England and Wales does not have a statutory 'binding financial agreement' the way Australia does. A prenuptial agreement here is not automatically binding — the court retains its own discretion to divide assets fairly on divorce — but since the Supreme Court's decision in Radmacher v Granatino, a court should give effect to an agreement both parties entered into freely, with a full understanding of what it meant, unless it would be unfair to hold them to it.

That is a different, and in some ways more demanding, standard than a signature on a form. A page borrowing the name 'binding financial agreement' and asking each party to tick a box saying they 'had the opportunity' to get advice is not how English courts decide whether to respect an agreement. This template is built around what Radmacher actually asks for: independent advice, full disclosure, no pressure, and enough time — a preparation draft for solicitors to finish, not a document that binds on its own.

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Prenuptial Agreement — Draft for legal advice

IMPORTANT: This is a draft for the parties to take to their own, separate solicitors. A prenuptial agreement is not automatically binding in England and Wales. Whether, and how far, a court will give effect to it depends on the circumstances at the time, including whether each party had independent legal advice, whether there was full financial disclosure, whether the agreement was entered into freely and with enough time before the wedding, and whether the outcome is fair.

Date:
Party A:: ,
Party B:: ,
Intended wedding date:

1. Purpose and the court's discretion

This agreement is made in contemplation of the parties' marriage. It sets out how the parties intend their property, pensions and, where stated, maintenance to be dealt with in the event their marriage ends. The parties acknowledge that a court retains its discretion to make financial orders on divorce, and that the weight the court gives to this agreement will depend on the circumstances in which it was made.

2. Timeline

The parties first discussed this agreement on , in order to allow adequate time for consideration, negotiation and independent advice before the intended wedding date.

3. Independent legal advice

Party A has instructed and Party B has instructed , as separate solicitors, and each party confirms they have received independent legal advice on the effect of this agreement before signing it.

4. Financial disclosure

Each party has given the other full and frank disclosure of their financial position as at .

Party A assets:
Party A liabilities:
Party A pensions:

Party B assets:
Party B liabilities:
Party B pensions:

5. Separate property and the family home

6. Pensions

The parties acknowledge that pension sharing on divorce is a distinct area of law and that this clause is to be settled by their solicitors.

7. Maintenance

8. Review

The parties intend to review this agreement every years, and shall each obtain fresh legal advice at that time if either wishes to vary it.

OptionalReview the agreement if a child is born or adopted

The parties shall review this agreement if a child is born to or adopted by them, and acknowledge that a court will weigh circumstances not anticipated when this agreement was signed.

9. Acknowledgements

Each party enters into this agreement freely, without pressure or undue influence.
Each party has had sufficient time to consider the agreement and to obtain advice.
Each party understands that a court retains discretion over financial matters on divorce, and that this agreement is one factor a court will weigh.
Each party has been advised to obtain independent financial and tax advice about the effect of this agreement.

Party A

Date:

Party B

Date:

Understand what 'not automatically binding' actually means

A prenuptial agreement cannot remove the court's power to make financial orders on divorce — that is a matter of public policy, not something two people can contract out of. What Radmacher changed is the weight the court gives the agreement: where it was freely entered into by each party with a full appreciation of its implications, the court should generally hold the parties to it unless doing so would be unfair in the circumstances.

This template does not overclaim. It does not call itself binding, and it explains this distinction on its face, because a couple who think they have something they do not have made no plan at all.

Build in the factors that make an agreement more likely to be upheld

The factors that make it more likely a court will respect an agreement are well established from Radmacher and the cases since: each party had independent legal advice; each made full and frank disclosure of their financial position; neither was under pressure, and there was enough time before the wedding to consider and negotiate the agreement properly — signing days before the ceremony is one of the clearest ways an agreement is later challenged; and the outcome does not leave a party in a predicament of real need, particularly where children are involved.

This template structures itself around exactly those factors: separate solicitors for each party, disclosure schedules with a valuation date, a timeline that leaves real time before the wedding, and a review trigger for the birth of a child.

Disclose properly, and evidence it

Full and frank financial disclosure is one of the clearest factors a court will look at when deciding how much weight to give an agreement. This template treats disclosure as an evidenced step: schedules of assets, liabilities, income and pensions for each party, with values and a valuation date, signed as at the day the agreement is signed — not a recital that disclosure happened, but the record of it.

Deal with pensions and maintenance specifically

Pension sharing on divorce is a distinct area of the law, and a prenuptial agreement that tries to deal with pensions in the same generic clause as other property tends to produce vague, unhelpful wording. Likewise, a clause simply saying 'no maintenance will be claimed' is the kind of provision a court is least likely to uphold if it would leave a party without reasonable provision, particularly where children are involved. This template gives both topics their own clauses, flagged for the parties' solicitors to settle with the specificity the subject actually needs.

Know it is not the only route

Couples who separate can instead reach a financial settlement embodied in a consent order, approved by the court — a different route with different timing, used after a decision to separate rather than before a wedding. This template is for couples planning ahead of marriage; ask a solicitor which route fits your situation.

Clause-by-clause guide

Recital and status: States the intended wedding date and confirms this is a prenuptial agreement made in contemplation of marriage.
Purpose and acknowledgement of the court's discretion: States honestly that the agreement does not remove the court's power to make financial orders, and that its weight depends on the Radmacher factors being met.
Independent legal advice: Records that each party instructed a different solicitor, with the advice given before signing.
Financial disclosure: Schedules of assets, liabilities, income and pensions for each party, with a valuation date.
Timeline: Records when the agreement was first discussed, drafted and signed relative to the wedding date, to evidence there was no last-minute pressure.
Separate and joint property: What each party keeps, and how jointly acquired property including the family home is treated.
Pensions: Flagged for specific drafting by the parties' solicitors rather than treated as an ordinary asset.
Maintenance: A specific clause rather than a bare waiver, with the position on children's needs addressed separately.
Review triggers: Events — the birth of a child, a stated number of years — at which the parties agree to review the agreement with fresh advice.
Signatures: Each party signs having received independent advice, with the solicitors' details recorded.

UK considerations checklist

These are the factors an English court weighs when deciding whether to give effect to a prenuptial agreement — a preparation checklist, not legal advice.

Understand the agreement is not automatically binding
A court retains its own discretion to make financial orders on divorce; a prenuptial agreement changes the weight the court gives to the parties' own arrangement, not the court's underlying power.
Radmacher v Granatino [2010] UKSC 42
Use separate solicitors for each party
Independent legal advice for each party, given before signing, is one of the clearest factors supporting the weight a court will give the agreement.
Make full and frank financial disclosure
Disclose assets, liabilities, income and pensions fully, with valuations, and keep the record — non-disclosure is one of the strongest grounds for a court to depart from the agreement.
Leave real time before the wedding
Signing under time pressure shortly before the ceremony is one of the clearest routes to a court finding the agreement was not freely entered into. Start months ahead.
Do not leave a party, or any children, without reasonable provision
A court is less likely to uphold an agreement that would be unfair in its outcome, particularly where it would leave a party in a predicament of real need or fail to provide for children.
Deal with pensions specifically
Pension sharing on divorce is a distinct legal area — have the pensions clause drafted specifically rather than folded into a general property clause.
Consider a review on the birth of a child
Circumstances that were not anticipated when the agreement was signed — most obviously children — are a factor a court will weigh, so build in a review trigger and take fresh advice at that point.

How to prepare a prenuptial agreement

Start early. Begin the conversation and the drafting well ahead of the wedding — months, not weeks.
Instruct separate solicitors. Each party instructs their own solicitor, who advises on the effect and fairness of the agreement.
Complete the disclosure schedules. List each party's assets, liabilities, income and pensions, with values and a valuation date.
Draft the property, pension and maintenance clauses. Set out what happens to property, pensions and maintenance, with the specificity each topic needs.
Sign with time to spare. Sign well before the wedding, after each party has had proper time to consider the final draft.
Review after major life events. Revisit the agreement, with fresh advice, on the birth of a child or another major change in circumstances.

Frequently asked questions

Are prenuptial agreements legally binding in England and Wales?

Not automatically. A court keeps its discretion to make financial orders on divorce. But since Radmacher v Granatino, a court should generally give effect to an agreement freely entered into by each party with a full appreciation of its implications, unless it would be unfair to hold them to it — so a well-prepared agreement carries real weight even though it is not a contract the court is bound to enforce.

What makes a court more likely to uphold a prenuptial agreement?

Independent legal advice for each party, full financial disclosure, no pressure or urgency, enough time before the wedding to consider it properly, and an outcome that does not leave either party — or any children — without reasonable provision.

Can one solicitor act for both of us?

No. Independent advice means separate solicitors for each party — using the same firm undermines the very thing that makes a court more willing to respect the agreement.

Does the agreement have to be signed before the wedding?

A prenuptial agreement is made in contemplation of marriage, so yes — and with real time to spare. Agreements signed under time pressure just before the ceremony are the ones most likely to be challenged as not freely entered into.

What is the difference between this and Australia's binding financial agreement?

Australia has a statutory instrument that becomes genuinely binding once specific legal-advice certificates are exchanged, excluding the court's own power over the matters it covers. England and Wales has no equivalent statute — the court's discretion always remains, and an agreement's influence depends on the fairness factors set out in Radmacher, not on meeting a fixed statutory checklist.

Can the agreement deal with maintenance?

It can address maintenance, but a bare waiver saying no maintenance will ever be claimed is one of the terms least likely to be upheld if it would leave a party, or children, without reasonable provision. Draft it specifically and take advice on what is realistic.

What if we have children after signing?

The birth of a child is exactly the kind of unanticipated change in circumstances a court will weigh when deciding how much effect to give the agreement. Build a review trigger into the agreement and take fresh advice when it happens.

Is a postnuptial agreement different?

It is made after marriage rather than before it, but is assessed on broadly the same fairness principles from Radmacher and the cases since. If you are already married, ask your solicitor whether a postnuptial agreement or another route fits your situation better.

Disclaimer

This template and guide are for general information only. They are not legal advice, and no solicitor has reviewed or approved them for your circumstances. A prenuptial agreement is not automatically binding in England and Wales, and its weight depends on factors a court assesses at the time — including independent legal advice, full disclosure, timing and fairness. Use this draft to prepare, then instruct separate solicitors before signing.