Prenups Could Become Binding: Have Your Say by Thursday
The government's "A Fairer End to Relationships" consultation closes on 14 August — this Thursday — and buried within its wider proposals on cohabitation and divorce finance is a change that could matter to anyone planning a wedding: a proposal to make "qualifying nuptial agreements" legally binding for the first time in England and Wales. Right now, a prenup can be taken into account by a court, but a judge can override it if they think it's unfair. Under the proposed reform, an agreement that meets certain safeguards would be enforced as a matter of course. If you're engaged, recently married, or simply think you might want that kind of protection one day, this is a genuinely new development worth understanding — not just another consultation update.
Why Prenups Aren't Actually Binding Right Now
Since the Supreme Court's 2010 ruling in Radmacher v Granatino, English courts have given prenuptial agreements "significant weight" — but weight isn't the same as certainty. A judge can still depart from what a couple agreed if the outcome would leave one party's needs unmet, particularly around housing and children. That's meant couples who signed a prenup have never been able to fully rely on it doing what they intended, and family lawyers have argued for years that this uncertainty helps no one — it just moves the argument from "what does the agreement say" to "will the court enforce it," which can be just as expensive to fight over.
What "Qualifying Nuptial Agreements" Would Actually Change
Under the government's proposal, an agreement would need to meet a set of conditions to qualify for binding status — likely including that both parties received independent legal advice, made full financial disclosure to each other, and signed with enough time before the wedding to show it wasn't entered into under pressure. Meet those conditions, and the agreement would be enforced, subject only to protecting each party's basic needs and any children's welfare. It's a significant shift from "the court will consider this" to "the court will uphold this," and it would bring England and Wales closer into line with how prenups already work in many other countries.
Why This Matters Even Though the Law Hasn't Changed Yet
It's easy to assume a consultation closing this week means nothing changes for months or years — and in terms of legislation, that's broadly true; any bill would still need to pass through Parliament. But the direction of travel matters now if you're getting married, remarrying, or bringing significant assets, a business, or an inheritance into a relationship. An agreement drawn up properly today, with independent advice for both parties and full financial disclosure, is already the version most likely to hold up if and when the law changes — so there's no real advantage in waiting for reform before getting one done well.
What a Good Nuptial Agreement Looks Like Today
Whatever happens to this consultation, the agreements most likely to be respected by a court — now or under a reformed system — share the same features: both people need their own solicitor, not one lawyer advising both sides; both need to disclose their financial position honestly; and the agreement needs to be signed with enough time before the wedding, ideally at least 28 days, to remove any suggestion that someone felt pressured to sign at the last minute. Cutting corners on any of these is exactly what gives a court grounds to depart from the agreement, reform or no reform.
What Should You Do Next?
If you're planning a wedding and want to protect what you're bringing into the marriage, or you simply want to understand what this consultation could mean for you, it's worth getting advice now rather than after the law potentially changes. QualitySolicitors' first contact team can match you with an experienced family solicitor from our network who can talk you through a nuptial agreement that's built to last, whatever Parliament ultimately decides. Get in touch to find out more.