On 5 June 2026, the Labour Government published a consultation on ‘a fairer end to relationships’. In this consultation, the Government has proposed that nuptial agreements should be legally binding, ‘enforceable contracts that are not subject to substantive scrutiny by the court’.
What is a nuptial agreement?
A nuptial agreement is an agreement made before (‘pre-nuptial’),or during (‘post-nuptial’), a marriage or civil partnership. The agreement aims to stipulate how matrimonial assets, should be divided, distributed, or retained by one party, in the event of separation. For example, the agreement can set out what will happen to the family home, make provision for maintenance or what will happen to a property that is brought into the relationship.
The current legal position
In England and Wales nuptial agreements are not always legally binding, and this can come as a surprise to clients who seek advice from family lawyers. In the event of a dispute, a nuptial agreement can be considered by the Court, but its terms will not be upheld if the outcome is unfair to one party.
The Government’s plan to make nuptial agreements legally binding may resolve this issue, as it is stated within the consultation that the proposal will provide ‘greater certainty and autonomy for couples who wish to make their own financial arrangements in the event’ of a separation.
The current approach to nuptial agreements
When prepared correctly, the terms of nuptial agreements can be enforceable. To increase the likelihood of an agreement being upheld, and deemed fair, it is essential that the following steps are taken:
· Both parties obtain independent legal advice on the agreement and its possible implications;
· Financial disclosure must be exchanged, to allow both parties to make an informed decision;
· The agreement should be finalised well in advance, ideally 28 days, before the wedding or civil partnership ceremony;
· The parties should enter into the agreement freely, without undue influence or duress;
· The division of assets, set out by the agreement, should be fair, and meet each party’s reasonable needs in the event of separation.
To ensure your agreement is effective, it is recommended that you seek legal advice at an early stage. Turner Nicholson provides tailored and sensible legal advice on nuptial agreements, divorce, financial settlements, or any other family law issue.
Please contact the firm on 0207 336 6000 for the London office, 01327 263 950 for the Banbury office or email mail@turnernicholson.com for more information.
The material contained in this article is provided for information purposes only and should not be construed as legal advice on any subject matter. The content of this article contains general information and may not reflect current legal developments, verdicts or settlements.
Author: Ella Stewart
Dated 15 June 2026