For anyone marrying with significant assets or inheritance prospects, a prenuptial agreement is essential to protect them. However, advisers and parents should encourage engaged couples to view a prenuptial agreement as the contractual equivalent to being prepared for bad weather while hoping for sunshine. Are prenuptial agreements binding? Prenuptial agreements are not yet binding in England and Wales. For a Judge to give weight to the prenuptial agreement, the agreement must be entered into freely, with both parties fully understanding the implications.