Are prenuptial agreements legal in the UK?

In the UK prenuptial agreements are not directly legally binding on the parties. The courts will consider whether the agreement is fair based all the circumstances at the time of separation.

However, if the parties have had the benefit of independent legal advice, have exchanged full financial disclosure prior to the agreement and the agreement is considered to meet the needs of the parties, it will probably satisfy the qualifying criteria and be upheld by the court.

Any significant changes such as the birth of children will necessitate a review of the agreement. It is also advisable to review the document every 5 years.