Government proposes binding pre-nuptial agreements: what could change

On 5 June 2026,the Government published a consultation document setting out proposed reforms to the financial consequences of divorce and separation. Among the proposals isa plan to make certain pre-nuptial and post-nuptial agreements legally binding for the first time, under a new framework referred to as qualifying nuptial agreements, or QNAs.

This is a consultation, not a change in the law. Nothing has changed yet, and any reform would need to pass through Parliament before it takes effect. However, the proposals mark a significant shift in direction, and anyone considering a pre-nuptial agreement, or who already has one, should be aware of what is being discussed.

The current position

At present, pre-nuptial and post-nuptial agreements in England and Wales are not automatically binding. The courts give them weight, but only where certain conditions are met, including independent legal advice for both parties, full financial disclosure, freedom from pressure, and a fair process overall. Even then, a judge retains discretion to depart from the agreement if it would produce an unfair outcome, particularly where one party's needs would otherwise go unmet.

What the Government is proposing

Under the proposed framework, a nuptial agreement would become legally binding if it meets a defined set of conditions. These include that the agreement is a valid contract, made by deed, signed at least 28 days before the wedding, accompanied by financial disclosure from both parties, and supported by independent legal advice for each person involved. Couples would not be able to waive their right to that advice or to disclosure.

These conditions closely follow recommendations first put forward by the Law Commission over a decade ago, which have had broad support from family law practitioners for some time.

The key area of debate: how needs are assessed

The most significant, and most debated, element of the proposal concerns how a person's financial needs would be assessed if they later sought to challenge a binding agreement on divorce.

The Government's proposal introduces a three-stage approach. The welfare of any children comes first. After that, a person's core capital and income needs are assessed. Only after that, and only where assets allow, would a court consider what the consultation calls discretionary needs, broadly referring to a standard of living beyond basic housing and financial provision. Significantly, this third stage would not be available to a spouse who has signed a nuptial agreement, or to unmarried cohabitants, under the proposals as they currently stand.

Family law commentators have already raised concerns about this approach. Critics point out that the term used to describe what falls outside basic needs is not clearly defined, which could lead to uncertainty and increased litigation as the courts work out where the line sits in practice. There is also concern that this approach could leave a financially weaker spouse with only the bare minimum, even in cases involving a comfortable standard of living built up jointly during the marriage.

Why this matters for domestic abuse cases

The consultation places weight on protecting victims of domestic abuse, and proposes safeguards to that effect. However, commentary on the proposals has highlighted that, as currently framed, abuse may only be considered relevant if it can be shown to have affected the agreement at the time it was signed. This does not necessarily account for patterns of control or abuse that emerge or continue after the agreement is made. This is likely to be an area of continued debate as the consultation progresses.

What this means if you already have a pre-nuptial agreement

If you already have a pre-nuptial or post-nuptial agreement in place, nothing about its current legal status has changed. Existing agreements continue to be assessed under the present law, which gives significant weight to agreements that were entered into fairly and with proper advice, while preserving the court's discretion to depart from them where necessary.

What happens next

This is a consultation document, which means the Government is inviting views before deciding on a final approach. Any resulting legislation would need to passthrough Parliament, a process that typically takes a considerable amount of time. We will continue to monitor developments and update our clients as the position becomes clearer.

If you have questions about a pre-nuptial agreement, whether existing or one you are considering, our family law team is happy to discuss your situation and explain the current legal position.

‍

If you are considering to pursue a pre-nuptial or a post-nuptial agreement, consider consulting with the City of London's 5-star-rated family law team at GigaLegal solicitors. Book a consultation today!