Unlike many other countries, in England and Wales, pre-nuptial agreements are not binding on the courts, and are relatively uncommon.

Only rarely have the English courts been asked to consider pre-nuptial agreements, and until recently they had given them very little, if any weight, in dividing up matrimonial assets. However, following the House of Lords' decision in White v White, it may be that greater emphasis will be put on what the parties have brought into a marriage, which may make pre-nuptial agreements more important in England than they have been in the past.