Are Prenuptial Agreements legally binding?
Prenups are not legally binding in the UK, but since a case called Radmacher, properly entered into agreements are much more persuasive on the court. Prenuptial agreements can be very important where there is a disparity of assets being brought into a marriage, or one or other party sacrifices their position for the family, such as when the husband or wife give up work to raise the children.
Where the marriage is relatively short and there are no children, then a properly entered into prenup is likely to be of great significance. The longer the marriage and the more children there are, the prenup will have less significance. What a pre-nup will not do is prevent either party from asking the court to give them anything different than what was agreed in the prenup.
When considering a division of assets the court always has an obligation to consider all the relevant circumstances of your case and to decide what is fair and reasonable and it is a matter for the courts discretion as to what, if any weight, it gives to completed agreements. However there is no doubt that prenuptial agreements are becoming more and more relevant to decisions made by English courts. At the very least, providing all the proper pre-agreement criteria have been met, then the fact of the existence of an agreement acts as a starting point for the court, particularly if your circumstances have not changed very much or if the relationship has been a very short one.