The Government has put an important question back on the table with its latest family law proposals. Could prenups soon become legally binding? At Hart Reade Solicitors, our Family Law team in Eastbourne, Hailsham and Polegate advises on and prepares Pre-Nuptial Agreements. Below we explain where the law stands today, what the Government has proposed and what it means if you are planning to marry.
The answer is possibly, but not yet. On 5 June 2026, the Ministry of Justice proposed a new type of agreement, called a qualifying nuptial agreement, that courts would have to uphold if certain safeguards were met. The consultation closed on 14 August 2026. It has not changed the law. New legislation would need to pass through Parliament before it could.
To speak to our Family Law team, call us on 01323 727321 or email info@hartreade.co.uk.
Are prenups legally binding in England and Wales today?
No, a prenup is not automatically binding in England and Wales, but the courts take them seriously. Since the Supreme Court’s decision in Radmacher v Granatino in 2010, a court will usually uphold an agreement that both people entered into freely and understood, unless it would be unfair to hold them to it.
That is why the way a Pre-Nuptial Agreement is put together matters so much. For a court to take one into account, it must be carefully prepared. Each of you should enter into it freely and without pressure, take independent legal advice from a qualified Solicitor and give full disclosure of your finances.
What is a qualifying nuptial agreement?
A qualifying nuptial agreement is the Government’s proposed name for a binding prenup or postnup. The proposal appears in the Ministry of Justice consultation A fairer end to relationships.
Under the proposal, the agreement would work as an enforceable contract. The court would no longer weigh it up as one factor among many when deciding how to divide your money and property. The court would still step in if the agreement failed to meet either person’s needs. An agreement also could not stop the court from providing for a child.
The same rules would apply to agreements made after the wedding, often called postnups.
What safeguards would a qualifying nuptial agreement need?
The Government has proposed five safeguards. An agreement would only be binding if all of them were met.
- It must be valid as a contract.
- It must be signed as a deed.
- It must not be made in the 28 days immediately before the wedding or civil partnership.
- Both people must give financial disclosure.
- Both people must take independent legal advice.
Most of these reflect what good practice already asks for today. The 28-day rule is the one that would most affect couples who leave things late.
When could the law on prenups change?
There is no date yet. The Government is now considering the responses to its consultation. It would then need to confirm its plans and pass new legislation before any change took effect. The proposals could also change along the way.
The same consultation covers wider reform of how money is shared on divorce and new rights for couples who live together. You can read more about the cohabitation proposals in our article on Cohabitation Reform 2026.
Should you wait for the new law before making a prenup?
There is no need to wait. A Pre-Nuptial Agreement made today already carries real weight with the courts if it is prepared well. Because the proposed safeguards match good practice, an agreement made now with full disclosure and independent advice on both sides already follows the same steps.
Timing matters most. Starting well ahead of your wedding gives you both time to share financial information and take advice. It also keeps you clear of the proposed 28-day cut-off.
Who might consider a Pre-Nuptial Agreement?
A Pre-Nuptial Agreement can suit anyone with assets who wants to agree in advance how things would be divided if the marriage ended. They can be especially useful in the situations below.
- couples marrying later in life
- second marriages, including after a divorce
- people with children from a previous relationship
- people with significant wealth
How Hart Reade Solicitors can help
Our Family Law solicitors in East Sussex give clear, confidential advice on Pre-Nuptial Agreements and can prepare the agreement for you. If you are planning your wedding, our article on Wedding Law Reform 2026 may also help.
To book, call our Eastbourne office on 01323 727321, Hailsham on 01323 841481 or Polegate on 01323 487051. You can also email us at info@hartreade.co.uk.
So, could prenups soon become legally binding? The Government has proposed it, but the law has not changed yet. A well-prepared Pre-Nuptial Agreement made today still gives you a strong footing. Our team is here to help you put one in place.
This article is general information about the law in England and Wales. It is not advice on your own circumstances. Please speak to us before you act on it.
Sources
Government proposals
Ministry of Justice consultation A fairer end to relationships, published 5 June 2026. The consultation closed on 14 August 2026. On 13 October 2026 the Government’s page said it was analysing the feedback.
The proposed safeguards for a qualifying nuptial agreement, set out in the consultation document and summarised by the Financial Remedies Journal.
How the court’s power to meet needs and provide for children would survive a qualifying nuptial agreement, explained by Today’s Family Lawyer, 23 July 2026.
Law referred to in this article
The current approach to Pre-Nuptial Agreements comes from the Supreme Court decision in Radmacher v Granatino [2010] UKSC 42.
Last reviewed 13 October 2026.
Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.
