Free Prenuptial Agreement Template
A prenuptial agreement sets out how assets, property and finances will be divided if a marriage ends. Use our free UK template to create a clear agreement that protects both parties and follows the principles established by the Supreme Court.
DOB: 15 March 1985
Nationality: British
Occupation: Solicitor (Partner at Hughes Consulting Ltd)
DOB: 22 July 1988
Nationality: British
Occupation: Senior Architect at Palmer Studios
Accordingly, the parties enter into this Agreement intending to displace, so far as the law permits, the usual exercise of the court's discretion under section 25 of the Matrimonial Causes Act 1973 and to have the court give this Agreement decisive weight in any application for ancillary relief on divorce. The parties confirm that this Agreement is not intended to prejudice the reasonable needs of any child of the family, whose welfare remains the first consideration of the court.
Party 1 — Financial Position:
Assets: Flat at 18 Kensington Gardens, London W8 4PX (market value c.£1,250,000, no mortgage); ISA portfolio £185,000; 40% shareholding in Hughes Consulting Ltd (unaudited value c.£650,000); SIPP £420,000.
Liabilities: Credit card balance £3,200 (settled monthly).
Income: Approximately £320,000 per annum (salary and dividends).
Party 2 — Financial Position:
Assets: Savings £48,000; car Audi A3 (c.£22,000); jewellery collection c.£28,000; workplace pension (Teachers' / Architects' Pension) CETV c.£42,000.
Liabilities: Student loan balance £14,000 (Plan 2).
Income: Approximately £78,000 per annum.
On divorce, each party shall in principle retain their own pre-marital assets, subject to the court making a needs-based adjustment where strict retention would fail to meet the reasonable financial needs of the other party or any child of the family.
Savings, bank accounts and investments held in a party's sole name shall remain their separate non-matrimonial property.
Property acquired during the marriage shall be treated as jointly owned matrimonial property, subject to the sharing principle in White v White [2000] UKHL 54 and Miller/McFarlane.
Condition precedent: This Agreement shall have no effect unless and until the marriage between the parties is duly solemnised / registered. If the marriage does not take place, this Agreement shall be of no further effect save in respect of obligations already accrued.
Variation: No variation of this Agreement shall be effective unless made in writing and executed as a deed with the same formalities as this Agreement.
Entire Agreement: This Agreement constitutes the entire agreement between the parties in respect of its subject matter.
Severability: If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.
Third-party rights: A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract entered into by a couple before marriage that sets out how their assets, debts and financial matters will be handled during the marriage and in the event of divorce. It is sometimes referred to as a prenup or pre-marital agreement.
In England and Wales, prenuptial agreements are not automatically legally binding. However, following the landmark Supreme Court decision in Radmacher v Granatino [2010] UKSC 42, courts will give decisive weight to a prenuptial agreement provided it was freely entered into with full appreciation of its implications and it would not be unfair to hold the parties to it.
Prenuptial agreements are increasingly common in the United Kingdom, particularly where one or both British parties have significant assets, business interests, inherited wealth, or children from a previous relationship whom they wish to protect under English family law.
What's Covered in This Template
Our prenuptial agreement template addresses all key financial matters to give both parties clarity and protection.
Pre-Marital Assets
A schedule of assets owned by each party before the marriage, including property, savings and investments.
Matrimonial Home
Arrangements for the family home, including ownership, mortgage contributions and what happens on separation.
Income and Earnings
How income earned during the marriage will be treated and whether it is shared or kept separate.
Business Interests
Protection for business assets, company shares, partnerships and intellectual property owned before or acquired during the marriage.
Inherited Wealth
Treatment of inheritances received before or during the marriage and whether they remain separate property.
Debts and Liabilities
Allocation of existing debts and responsibility for debts incurred during the marriage.
Pension Arrangements
How pension rights and retirement savings will be treated in the event of divorce.
Maintenance Provisions
Whether spousal maintenance will be payable and on what terms, including duration and amount.
Children Provisions
While child maintenance and arrangements cannot be predetermined, the agreement can set out the parties’ intentions regarding financial support for children.
Review and Sunset Clause
Provisions for reviewing the agreement at specified intervals or upon significant life events such as the birth of a child.
How to Create a Prenuptial Agreement
Follow these steps to create an agreement that has the best chance of being upheld by a court.
- 1
Provide Full Financial Disclosure
Both parties must exchange complete and honest financial information, including assets, income, debts and pensions. This is essential for the agreement to be upheld.
- 2
Agree on Asset Treatment
Decide how pre-marital assets, inherited wealth, business interests and joint acquisitions will be treated in the event of divorce.
- 3
Address Maintenance and Pensions
Set out your intentions regarding spousal maintenance payments and how pension rights will be divided or protected.
- 4
Obtain Independent Legal Advice
Both parties should receive independent legal advice from separate solicitors. This is a key factor in courts giving weight to the agreement.
- 5
Sign at Least 28 Days Before the Wedding
Execute the agreement well in advance of the wedding to demonstrate that neither party was under pressure. A minimum of 28 days is recommended.
Legal Considerations
The enforceability of prenuptial agreements in England and Wales depends on several important factors.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.
Reviewed for England & Wales law
Radmacher v Granatino
The UK Supreme Court held in Radmacher v Granatino [2010] UKSC 42 that courts in England and Wales should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications, unless in the circumstances it would not be fair to hold the British parties to it. This case transformed the treatment of prenuptial agreements in English law.
Requirements for Enforceability
For a UK prenuptial agreement to carry maximum weight in England and Wales, both British parties should have received independent legal advice, made full financial disclosure, signed the agreement at least 28 days before the wedding, and entered into it voluntarily without undue pressure or duress.
Needs of Children
A UK prenuptial agreement cannot override the British court’s duty to ensure that the needs of any children of the marriage are met. The court retains jurisdiction under the UK Matrimonial Causes Act 1973 to make orders for children regardless of what the prenuptial agreement says.
Fairness and Needs
Even where a valid UK prenuptial agreement exists, the English court may depart from its terms if upholding it would leave one British party unable to meet their reasonable needs. The agreement should not leave either party in a situation of real hardship under English family law.
Frequently Asked Questions
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