PRENUPTIAL AGREEMENTS

​

When a marriage or civil partnership ends, the Family Court decides how assets should be divided. A prenuptial agreement can help couples set out in advance what should happen to assets such as property owned before the relationship, inheritance, or significant personal contributions. This can give both people more certainty if the relationship later breaks down.

​

What the government is proposing

​

On 5 June 2026, the Ministry of Justice launched a consultation called A fairer end to relationships. It looks at possible changes to the law on financial arrangements after divorce or dissolution. One of the proposals is to introduce legally binding “qualifying nuptial agreements”. These would allow couples to make financial arrangements that are more likely to be upheld.

If this change goes ahead, a qualifying nuptial agreement would usually be treated as a legally binding contract. This means the Family Court would not normally revisit how the couple had agreed to divide their assets. However, the Court could still step in if the agreement did not make reasonable financial provision for one person, or if arrangements were needed for a child.

In practice, this could give couples more control and clarity over their financial arrangements, as long as the agreement follows the required safeguards and properly considers each person’s needs.

​