What are prenuptial agreements? =============================== [Ayesha Vardag](https://vardags.com/solicitors/ayesha-vardag) | Founder & President | 20th June 2025 ### What is a prenuptial agreement? A nuptial agreement is a legal agreement between two parties outlining what should happen to their finances should they divorce. A prenuptial agreement is one made by a couple prior to their marriage, whereas a post-nuptial agreement is one made following the marriage. Essentially, a nuptial agreement is a method of wealth protection, as well as a tool to hopefully reduce conflict and acrimony in divorce by removing the need to fight about who gets what. Following Vardags' victory in the landmark Supreme Court case of [Radmacher v Granatino](https://vardags.com/law-guide/important-divorce-cases/radmacher-v-granatino) in 2010, prenuptial agreements have been increasingly adopted in English law. Though not absolutely binding, the court will seek to apply a prenuptial agreement unless it is unfair. Prenups can be seen as unfair if they were entered into in unfair circumstances - for example if a party didn't declare all their assets, or applied undue pressure - or if the agreements fails to meet even the basic needs of one of the parties. You can learn more about why a prenup may be considered unfair by reading our dedicated guides to [vitiating factors](https://vardags.com/law-guide/nuptial-agreements/vitiating-factors) and [the criteria for a valid nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/criteria-for-a-valid-nuptial-agreement). Though a court will make its own decision as to the division of assets, a prenuptial agreement will have "magnetic importance" when reaching that conclusion. The presence of a prenuptial agreement can massively affect the financial outcome of a divorce case. Arguing about the weight that should be given to a prenuptial agreement is a highly technical legal argument. If your case involves a prenup, it is vital you take good legal advice as early as you can. **If you're considering or going through a divorce and have a prenuptial agreement, or you're interested in entering one before your marriage, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Reads ------------- ### Ayesha Vardag comments on new types of prenups in the wake of Radmacher victory Following her victory on behalf of Katrin Radmacher, which made prenups effective in English law,... [READ MORE](https://vardags.com/posts/prenup-clauses-radmacher-victory "Ayesha Vardag comments on new types of prenups in the wake of Radmacher victory") ### Fiction vs Family Law: The myth of the prenup Over the last decade or so, the idea of the prenup has become almost ubiquitous in the media.... [READ MORE](https://vardags.com/family-law/myth-prenup "Fiction vs Family Law: The myth of the prenup") ### The importance of prenuptial agreements Prenuptial agreements have now become a crucial way to ensure the protection of assets, something... [READ MORE](https://vardags.com/family-law/the-importance-of-pre-nuptial-agreements "The importance of prenuptial agreements") Related Guides -------------- [Drafting a nuptial agreement in the UK](https://vardags.com/law-guide/nuptial-agreements/drafting-a-nuptial-agreement "Drafting a nuptial agreement in the UK") [Enforcing a nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/enforcing-a-nuptial-agreement "Enforcing a nuptial agreement") [Radmacher v Granatino: Making Prenups Enforceable](https://vardags.com/law-guide/important-divorce-cases/radmacher-v-granatino "Radmacher v Granatino: Making Prenups Enforceable") Glossary Reference ------------------ ### Jurisdiction in divorce cases The court must have 'jurisdiction' in order to hear a case. Jurisdiction is a complex legal principle, but will largely depend on the parties links to a particular country. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. AUTHOR ------ Ayesha Vardag "Britain's top divorce lawyer" Ayesha Vardag rose to fame for winning the landmark Supreme Court case of Radmacher v Granatino in 2010, changing the law to make prenuptial agreements legally enforceable in England and Wales. The founder and President of Vardags, Ayesha specialises in high-net-worth divorce, often with an international... 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