Qualifying nuptial agreements: where the law stands

The 2014 recommendation

The Law Commission's report proposed a new category of enforceable marital agreement, the qualifying nuptial agreement, which would remove the court's discretion to depart from the agreement's terms — but only where:

• the agreement is contractually valid (no duress, misrepresentation or undue influence);
• it is made by deed and contains a statement signed by both parties that they understand it is a qualifying nuptial agreement which will remove the court's discretion;
• it was signed at least 28 days before the wedding or civil partnership (for a prenup);
• both parties received disclosure of material information about the other's financial situation; and
• both parties received independent legal advice at the time of the agreement.

Crucially, even a qualifying agreement could not be used to contract out of meeting the financial needs of the parties or of any children. The court would retain the power to make orders to meet needs regardless of the agreement. Everything above needs — the sharing of surplus wealth, the protection of pre-marital and inherited assets — would be governed by the agreement.

What happened next

The recommendation sat unimplemented for a decade. In December 2024 the Law Commission published a scoping report on the law of financial remedies on divorce, which again identified nuptial agreements as an area where reform could be enacted independently of any wider overhaul. In 2026 the Ministry of Justice consulted on introducing qualifying nuptial agreements; the consultation closed in August 2026 and the government's response is awaited. Edward Young responded to the consultation in his own name.

What it means for an agreement made today

Until legislation is passed, the position is as set out in are prenups legally binding?: the court gives effect to an agreement freely entered into with full appreciation of its implications, unless it would be unfair to do so. The QNA requirements are, in substance, a codification of what already persuades a court. So we draft every agreement to meet them now:

If the law changes, an agreement drafted this way should either qualify automatically or need only a short confirmatory deed. If it does not change, the agreement is in the strongest position the current law allows.