Can you challenge a prenuptial agreement?

Lisa Pepper

Can a prenup be overturned?

Prenuptial agreements are a useful way for couples to agree in advance how their finances will be divided if the relationship breaks down. But while courts in England and Wales will often give significant weight to a prenup, they are not automatically binding.

Whether a prenuptial agreement will be upheld depends on whether the court considers it to be fair and entered into freely, with both parties having full knowledge of each other’s financial position.

When can you challenge a prenuptial agreement?

A prenup can be challenged in certain circumstances, particularly where one party has acted unfairly or where the agreement no longer reflects the couple’s current circumstances. Common grounds for challenging a prenup include:

When can you challenge a prenuptial agreement?

• Mistake (of fact or law) – A prenuptial agreement can be challenged if there was a mistake of fact or law at the time of its creation. This means that if either party was mistaken about a crucial fact or legal aspect that influenced their decision to enter into the agreement, the prenuptial agreement might be invalidated.
• Misrepresentation – an untrue statement of fact or law made by Party A to Party B that induces Party B to enter into an agreement thereby causing Party B loss. The misrepresentation must be material to the formation of the pre-nuptial agreement
• Unfairness or lack of disclosure – A prenuptial agreement can be challenged if it is deemed unfair or if there was a lack of full and frank disclosure of assets by either party at the time the agreement was made. Both parties must have a clear understanding of the financial implications and the agreement should be fair and reasonable. See When Dishonesty Undermines a Prenup: Lessons from Helliwell v Entwistle [2025]
• Duress or undue influence – If one party was forced or pressured into signing the prenuptial agreement under duress or undue influence, the agreement can be challenged. Duress involves threats or coercion, while undue influence involves taking advantage of a position of power over the other party to secure their agreement

Related blog posts:

• Wife’s Award Increased Due to Failure To Review Prenuptial Agreement

What about wealthy couples?

You might expect high-net-worth couples to be more likely to contest prenups, but that’s not always the case. In fact, many wealthy clients manage to settle their financial arrangements amicably, whether or not a prenup is in place.

When both parties are informed, advised, and transparent, they’re often able to reach a fair agreement and avoid protracted legal battles.

Key takeaway

A prenuptial agreement offers useful protection, but it must be made properly. If there’s evidence of dishonesty, pressure, or a failure to disclose key financial details, the court can, and will, set it aside.

How we can help

Whether you’re seeking to enforce or challenge a prenuptial agreement, Osbornes Law has extensive experience advising clients in complex financial disputes. We specialise in representing high-net-worth individuals in both amicable and contentious divorce proceedings.

• Call Lisa Pepper on 0207 485 8811, or
• Complete an online enquiry form.