For decades, couples in England and Wales who wanted to protect pre-marital assets, business interests, or inherited wealth faced an uncomfortable legal reality: a prenuptial agreement was worth only as much as a court chose to give it.
The landmark Supreme Court decision in Radmacher v Granatino [2010] established that prenups should be given weight where certain conditions were met, but binding enforceability remained out of reach. The 2026 reforms set to change that, introducing Qualifying Nuptial Agreements (QNAs), the closest England and Wales has come to making prenuptial agreements genuinely enforceable.
The Problem With the Current Position
Under the Radmacher framework, a prenuptial agreement can be a persuasive document in financial remedy proceedings, but it is never guaranteed to be upheld. A judge retains a wide discretion to depart from the terms of an agreement if they consider it unfair. The definition of “unfair” can shift significantly depending on individual circumstances, including the length of the marriage, the presence of children, and each party’s financial needs.
This uncertainty has frustrated high-net-worth individuals, business owners, and those entering second marriages with assets to protect. It has also made prenuptial agreements difficult to properly advise on, since no solicitor can guarantee the outcome of a document that remains entirely at the discretion of the court.
What Is a Qualifying Nuptial Agreement?
A Qualifying Nuptial Agreement is a new legal instrument designed to give nuptial agreements binding effect, provided they comply with a specific set of procedural and substantive requirements. The QNA framework has been developed following extensive Law Commission review and consultation.
To qualify as a QNA, an agreement must satisfy all of the following conditions:
The agreement must give proper consideration to the welfare of any children of the
family where all these conditions are met, the agreement will be treated as binding by the court.
Why the Requirements Matter
Each of the QNA requirements serves a specific protective function. The 28-day signing window prevents agreements from being presented to one party at the last moment, when the pressure to sign is greatest and the ability to take advice is most limited. Full financial disclosure ensures that neither party is agreeing in ignorance of the other’s true financial position.
The hardship protection and children’s welfare consideration are particularly important. Even where all procedural requirements are met, an agreement that would leave one party unable to meet their basic needs, or that fails to account for the demands of childcare, will not be enforceable. This prevents QNAs from becoming instruments of oppression while still giving them genuine legal force.
The Surge in Cohabitation Agreements
Alongside interest in nuptial agreements, 2026 has seen a reported 200% increase in cohabitation agreements, contracts between unmarried couples setting out how assets and finances would be managed in the event of separation. This surge reflects growing awareness of the legal vulnerability faced by cohabiting couples, who currently have no automatic financial rights against each other regardless of the length of their relationship.
Postnuptial Agreements
The QNA framework is expected to apply equally to postnuptial agreements, those entered into after the marriage has taken place. Postnups are sometimes sought where one it must be signed at least 28 days before the wedding or civil partnership ceremony
Both parties must make full and frank disclosure of their financial circumstances before signing. Each party must have received independent legal advice from their own solicitor.
The agreement must not leave either party in financial hardship spouse receives a significant inheritance during the marriage, where a business is established, or where the parties wish to revisit arrangements agreed before they were married. The same requirements, disclosure, independent legal advice, no hardship, and children’s welfare, will apply.
When Will the Legislation Come Into Force?
While the 2026 reforms have laid the groundwork for QNAs, final primary legislation is expected in 2027. In the interim period, nuptial agreements remain governed by the radmacher principles, persuasive, but not binding. Couples who wish to draft a prenuptial or postnuptial agreement now should do so in a way that meets the anticipated QNA requirements, to maximise the likelihood that the agreement will be upheld both under the current framework and once the new legislation takes effect.
Should You Consider a Qualifying Nuptial Agreement?
QNAs are not only for the very wealthy. They are worth considering for anyone who:
- Has assets, savings, or property acquired before the marriage
- Expects to receive an inheritance
- Owns a business or professional practice
- Has children from a previous relationship whose interests they wish to protect
- Is entering a second or subsequent marriage
The 2026 reforms to prenuptial agreement law in England and Wales reflect a long-overdue modernisation of financial remedy law. Whether you are planning a wedding or have recently married, taking specialist advice on whether a nuptial agreement is appropriate for your circumstances is increasingly a sensible step.