Is a pre-nuptial agreement legally binding?

Answer

Pre-nuptial agreements or Prenups are not legally binding in the UK. A prenuptial agreement (prenup), is a legal document that is made before two people get married which lays out their intentions in terms of how their assets should be split in the case of a divorce. 

Although prenups are not technically legally binding, it has been found through case law that courts are accepting prenups more and more as the intentions of the parties involved when they entered into the marriage. 

As such, prenups are more likely to be enforceable if certain conditions are met. The prenup must be signed more than 28 days before the marriage, both parties must agree and be aware of the other person’s financial situation to be fully able to accept the terms of the agreement.