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‘You need to pay a fine’: What can’t I put in a pre-nuptial agreement?

8 October 2026

In the past, some people have written some pretty bizarre clauses into their pre-nuptial agreements, known as lifestyle clauses.

However, it is important for couples going into a prenup to understand what can and can’t be mentioned in a prenup to ensure that it holds up in court.

What are some strange clauses that have been included in a prenup?

Pre-nups are designed to split financial assets and homes in the event of a divorce. However, some people over the years have included some strange clauses in their pre-nup.

Some of the oddest clauses ever put into a pre-nup include:

If my partner watches more than one football game a week, they must pay a fine.
Debates on whether a hypothetical child will be raised as a vegetarian.
How household chores will be split between partners.
Stipulation of which partner will get the babysitter, cleaner and gardener in the event of divorce.
How long somebody has to wait to start seeing other people after the marriage has come to an end.
If one partner cheats, the other must be financially compensated (this is one of the most common clauses! Known more commonly as an infidelity clause).
How much time their partner must spend with their in-laws. If this isn’t followed, they must pay a fine.

While some of these requests may seem perfectly reasonable, they can impact the judge’s willingness to accept the pre-nup in court should the marriage come to an end.

What can’t be included in a prenup?

Couples must remember that a pre-nup is technically not a legally binding document in England and Wales. Therefore, they must pay close attention to what they are including to make sure that they hold up in court.

Couples can include lifestyle clauses in a pre-nup, but such provisions are unlikely to be given significant weight by a court. These matters are considered private and go far beyond what a legal agreement can govern.

It is also important to remember that unfair terms cannot be included in a pre-nup. If any terms are considered to be unreasonably unfair to one party, it is unlikely that they will be upheld.

This also applies to a waiver of spousal support. If the provision leaves one partner financially vulnerable, then it will not be upheld.

Additionally, there can be no mention of any provisions that encourage a divorce, such as an infidelity clause. These are unlikely to be considered by a court.

One of the main things that a pre-nup will not cover is any matters relating to children, whether that is child arrangements or child maintenance.

The decisions on child arrangements and maintenance will be up to the court at the time of divorce, not when a pre-nup is created.

The inclusion of these clauses does not necessarily invalidate the entire agreement, but a court may choose to give little or no weight to those provisions and, in some circumstances, this could affect the overall weight given to the pre-nup.