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Are legally binding pre-nuptial agreements on the way?

Outdoor wedding venue with empty chairs and a floral arch. Overlaid text reads: Pre-Nuptial Agreements: Are legal changes ahead? Leiper Gupta Family Lawyers highlighting their expertise in pre-nuptial agreements.

Pre-nuptial agreements (pre-nups) are becoming more common in England and Wales, particularly for younger couples getting married or entering a civil partnership. Pre-nups are definitely on the rise for Gen Z adults, with 41% who are married or engaged having a pre-nup in place(5). According to a 2025 YouGov survey, 59% of those aged 25-49 considered that getting a prenuptial agreement was “a good idea”.(6)

Both pre-nups and post-nuptial agreements (post-nups) set out how your joint assets should be divided if you get divorced or dissolve your civil partnership. It can also help ensure you don’t become liable for your future spouse’s debts, including student debt.

 

Separation of assets

One of the reasons the pre-nup between newly-weds Cristiano Ronaldo and Georgina Rodríguez has caught public attention (apart from the incredible wealth involved) is that it’s a pre-nuptial agreement for a couple who have been together for 10 years and have five children between them.

According to The Sun newspaper (8), Ronaldo and Rodríguez’s prenuptial agreement lays out that their pre-marital assets are kept separate, effectively “ring-fencing” and protecting them in the event of the couple divorcing. This applies from the date of their marriage, so it’s covering a lot of income and assets accumulated whilst living together. It also covers future earning for both.

In Portugal, where the couple got married, this is known as a “regime de separacao de bens” or “separation of assets” agreement. Ronaldo is worth a cool £1billion and has a diverse business empire. Rodríguez’s assets stem from her modelling, acting, fashion label and social media interests. Should the couple split, she would receive £85,000 a month, which sounds a lot until compared to Ronaldo’s contracted daily wage of £488,000+ from Saudi football club Al-Nassr FC.(9)

In Portugal, the “regime de separação de bens” is part of a pre-nup (“convenção antenupcial”) and is legally binding.(10) However, neither pre-nup or post-nup agreements are legally binding in England and Wales - yet.

 

 

All change for “qualifying” nuptial agreements

As part of a major set of reforms for financial and other ending relationships entitled “A fairer end to relationships”, the government has been consulting on reforming the current financial remedies on divorce and separation. Part of these proposals cover reforming the law such so that pre and post nups are legally binding. As their consultation document says: (1)

“The consultation proposes introducing qualifying nuptial agreements, enabling couples to decide in advance how finances should be arranged in the event of divorce while ensuring important safeguards to ensure needs are met and to protect against coercion.”

The idea of changing the status of nuptial agreements is nothing new. Two Law Commission reports have already recommended the introduction of legally binding nuptial agreements, so making is happen is certainly taking its time! (3) (4)

 

Do courts take notice of pre and post nups?

In our experience the answer is yes, but not always, and to a limited extent. For example, a court will not consider a prenup if it would be unfair to either party, or not meet their needs and those of their children. Judges need to strike a balance between statutory law (the legislation) and case law, which are how other judges ruled in other similar cases.

For pre-nups, for example, the Supreme Court ruled in one case that a nuptial agreement should be adhered to providing a couple freely entered into the agreement with a full appreciation of the circumstances, unless it would be unfair to do so. (2)

 

Pre-nups and post-nups: two key issues

There are two key issues around the adoption of legally binding nuptial agreements.

    1. Putting safeguards in place to prevent people being coerced and/or signing an agreement they are not happy with or do not understand.
    2. Nuptial agreements should not let people avoid the requirement to meet each other’s needs.

Safeguards

As experienced family lawyers, we welcome the list of safeguards the government are proposing, particularly for those vulnerable to or experiencing domestic abuse and coercive control.

The proposed “Safeguards Required for a Qualifying Nuptial Agreement” include ensuring that any nuptial agreement:

          • Is a valid contract that is not misleading and is signed without ‘undue influence’.
          • A Is made by deed, which means it must include a signed statement that the couple individually understand that the agreement will “partially remove the court’s discretion to make financial orders”.
          • Cannot be signed within 28 days of the marriage date or civil partnership registration. (Interestingly, Ronaldo and Rodríguez signed theirs at a public notary’s office in Lisbon the day before their wedding. (8)
          • Must be made after each party has received “disclosure of material information about the other party’s financial situation” (aka full and frank disclosure).
          • Is made with both parties having access to independent legal advice, so they fully understand the legal implications of signing the agreement.
          • Should NOT include clauses whereby either party can waive their rights to legal advice and financial disclosure.
          • Does not allow either party to use a qualifying nuptial agreement to opt out of meeting their children’s needs.

 

Needs

Defining ‘needs’ in divorce cases is a key component of any subsequent financial resolution ordered by a court.

The government consultation wanted to clarify ‘needs’ further and determine:

“What level of financial provision the court may still require one party to make to the other, where a qualifying nuptial agreement exists but does not make appropriate provision for needs.”

Interestingly, the suggestion is that a narrower definition of needs might apply to those with an existing nuptial agreement over those without one, thus “respecting the autonomy of couples”. In practice, this means focusing on essential needs including:

          • Family home / housing
          • Capital funds
          • Income
          • Pensions
          • Children

Discretionary needs would not be considered.

 

Nuptial agreements for now

The consultation has just closed (at time of writing) but the demand for pre-nups and post-nups (or non-nups, aka cohabitation agreements) is very much ongoing. At LGFL, we have helped hundreds of couples draw up nuptial agreements and cohabitation agreements, safeguarding to a large extent what they bring to their relationship, and what they should be able to take away from it when it ends.

To discuss a nuptial agreement, contact us for your initial consultation as soon as you have fixed a date!

 

About the author

Rita Gupta is Co-founder and Managing Director of family law firm LGFL Ltd, serving family law for clients in the Reading and Thames Valley area, across the UK and for international clients involved in UK divorce cases. She has featured as a family law expert on national TV and radio, including BBC Radio 5 Live with Nicky Campbell, LBC, GB News with Darren McCaffrey and local TV and radio.

    • Legal 500 Recommended Lawyer
    • Listed in Chambers and Partners
    • Listed Leading Lawyer at Wiselaw
    • Member of Resolution

 

REFERENCES:

(1) Ministry of Justice. (2026, June 23). A fairer end to relationships: Consultation document. GOV.UK. https://www.gov.uk/government/consultations/a-fairer-end-to-relationships/a-fairer-end-to-relationships-consultation-document

(2) Radmacher v. Granatino [2010] UKSC 42, [2011] 1 AC 534, para. 75.

(3) Law Commission. (2014). Matrimonial property, needs and agreements. https://webarchive.nationalarchives.gov.uk/ukgwa/20220901105107/ https://www.lawcom.gov.uk/project/matrimonial-property-needs-and-agreements/

(4) Law Commission. (2024, December 18). Financial remedies on divorce. https://lawcom.gov.uk/project/financial-remedies-on-divorce/

(5) Lawford, M. (2026, February 20). The Gen Z prenup boom coming to Britain. The Telegraph. https://www.telegraph.co.uk/business/2026/02/20/the-gen-z-prenup-boom-coming-to-britain/

(6) Sanghani, R. (2026, April 7). Why Gen-Zers like us are getting prenups. The Independent. https://www.independent.co.uk/life-style/gen-z-prenup-marriage-millennials-engaged-b2936422.html

(7) Rayment-Ward, E. (2026, August 18). Truth about Cristiano Ronaldo and new bride Georgina Rodríguez's prenup. HELLO!. https://www.hellomagazine.com/brides/918412/truth-cristiano-ronaldo-georgina-rodriguez-prenup/

(8) Tomlinson, H. (2026, August 14). Inside billionaire Cristiano Ronaldo’s pre-nup with Georgina Rodriguez with ‘£85,000-a-month allowance if they divorce’. The Sun. https://www.thesun.co.uk/sport/40061181/billionaire-cristiano-ronaldo-wedding-georgina-rodriguez-pre-nup/

(9) Brenner, S. (2025, June 26). Ronal-dough Cristiano Ronaldo’s mega new Al-Nassr contract revealed. The Sun. https://www.thesun.co.uk/sport/35583551/cristiano-ronaldo-al-nassr-mega-contract/

(10) European Judicial Network. (2024, October 13). Matrimonial property regimes: Portugal. European e-Justice Portal. https://e-justice.europa.eu/topics/family-matters-inheritance/property-marriage-civil-partnerships/matrimonial-property-regimes/pt_en