If the signed copy of your prenup cannot be found when your marriage ends, you may wonder whether either of you can still rely on it. What matters is the evidence of what you agreed, not simply whether someone can produce the original document.
A missing document does not necessarily mean a missing agreement. In IC v AD [2026] EWFC 224, the court gave substantial effect to a prenup even though the signed copy had not emerged. Old emails helped establish what had happened.
The case also shows why a prenup deserves more attention than a quick signature before the wedding. Its wording, the circumstances in which it was agreed and the financial needs at divorce can all matter. This guide concerns England and Wales.
What actually happened in IC v AD?
Judge Edward Hess gave judgment on 20 July 2026 after a five-day hearing. The couple had two children. Their relationship, including cohabitation before marriage, lasted just over 14 years for the judge’s assessment.
They signed their prenup around seven weeks before their February 2012 wedding. Each had a solicitor, the terms had been negotiated and financial information had been exchanged. Neither alleged duress or undue pressure at signing.
When the relationship broke down, the wife initially declined to accept that a signed agreement existed. The judge found, on the balance of probabilities, that she had removed the signed copy from the husband’s study hoping he could not establish its existence. He investigated emails from the time, and she eventually accepted that both had signed.
Although the news headline described a destroyed prenup, the judgment specifically found that the wife had removed the signed copy. By the final hearing, the existence of the agreement was established despite its absence.
Why did the missing signature page not end the case?
By the hearing, both parties accepted that they had signed a prenup and agreed what its written terms were. Their main dispute concerned what those terms meant. The court therefore had more to work with than an unsigned draft and one person’s assertion.
If your signed copy is missing, preserve the final drafts, attachments, covering emails, financial schedules and correspondence with your solicitor.
Ask the firm that advised you whether it still holds your file or a copy.
Make a note of when and where you signed and who was present.
Keep the original electronic files where you can. Do not edit messages, recreate signatures or label a draft as the signed version. If you cannot remember something, say so. An honest gap in your memory is easier to explain than an account contradicted by your own emails.
Only search accounts and documents you are entitled to access. If material is held by someone else, make a note of what it is and who holds it.
Does this make every prenup binding?
No. IC v AD applies existing law to a particular family’s circumstances. It does not introduce a new rule that every prenup must be enforced, or that every unsigned copy will be enough.
The leading Supreme Court authority remains Radmacher v Granatino. Broadly, courts should give effect to an agreement freely made with an understanding of its implications, unless holding the couple to it would be unfair in the circumstances at divorce. The court retains its responsibility to decide the financial outcome.
An unequal result is not, by itself, enough to defeat a prenup. Protecting one person’s assets may be a central reason for making it. But a judge must still consider the statutory factors, including financial resources, needs, contributions and the welfare of children under 18.
In Brack v Brack, the Court of Appeal also made clear that a valid prenup does not legally confine every award to needs alone. The court retains discretion. In IC v AD, the judge considered that wider discretion but found no reason on these facts to go beyond a needs-based adjustment.
What did the wife receive?
The headline figures need care. The judgment’s final calculation left the wife with £3,134,441 in assets, including assets already hers, plus a half share in the family home valued at £703,250. Together, that is about £3.84 million. She could also remain in the home under an arrangement postponing the husband’s access to his share, expected to last until the youngest child finished education, including a first degree, in 2037. That right to stay was separate from owning the whole house.
The £3,134,441 already included £1 million to meet her spousal maintenance claim as capital. It was not another £1 million on top, and it was not an order to pay her £13,000 every month as well. The judge used monthly needs of £13,000 as a starting point before calculating and adjusting the capital provision.
Child maintenance was separate: £1,000 per child per month, with school fees and specified additional expenses on the terms addressed in the judgment.
The husband retained substantial wealth, including business interests whose eventual value and payment dates were uncertain. The £23.79 million figure in the judgment appeared before the adjustment for maintenance. It should not be presented as a final cash balance. Nor was his entire £18 million category of deferred assets a pension: it included substantial business interests.
The wording caused the expensive argument
The judge criticised the drafting for its lack of clarity. The couple disagreed over whether the agreement protected only particular properties or also prevented sharing claims against a much wider range of assets.
The court read it as generally excluding a sharing claim against assets in the husband’s sole name, subject to specified exceptions. Those exceptions included joint assets, housing arrangements and money linked to a particular investment fund. Later funds were treated differently.
That is a practical warning for anyone told, “It just protects the business.” Ask which business interests, which future payments, which increases in value and which replacement assets the wording covers. Ask what happens if money moves into a joint home or an investment is sold and the proceeds reinvested.
Work through actual examples with numbers. You should be able to explain the answer in ordinary language before signing.
If you want to challenge a prenup, identify the real problem
Start by separating your concerns. Are you disputing whether an agreement was signed, what version was agreed, whether you understood it, whether there was pressure, what financial information you had, or whether the result now meets your needs? Those questions require different evidence.
If you say it will leave you unable to manage, prepare a realistic budget. Include housing, borrowing capacity, childcare, health costs, pensions and the time needed to return to paid work. Keep documents showing why your figures are reasonable.
In IC v AD, the judge recognised the wife’s full contribution as a homemaker and parent. He did not treat caring work as worth less than earning money. But recognising that contribution did not automatically entitle her to half of every asset.
The judge also considered an omitted business interest in the original financial schedule. On the evidence, the wife had been broadly aware of it before signing. That finding does not make incomplete disclosure safe; it shows why the detail of what someone knew can matter.
A realistic example: the family plan changes
Imagine Maya signs a prenup while both partners work full time. Eight years later, their child needs substantial support and Maya has reduced her hours. Her partner says the agreement means she can leave with her savings. Maya remembers being told it only protected an inherited flat.
Her first useful step is to obtain the agreement and her advice file, then set out what changed: caring responsibilities, lost earnings, housing options and current expenses. The questions are what the wording means and whether the proposed outcome is fair in those circumstances. Simply saying “we have children now” does not answer either question. This is an illustrative example, not another reported case.
Before signing, ask what life would look like under the agreement
Both parties should obtain their own independent legal advice before signing, with enough time to understand the terms and their consequences.
Exchange clear financial information.
Discuss children, career breaks, illness, relocation and retirement.
If one person will take on more unpaid care, ask how housing, income and pension provision would work for them.
Agree when to review the arrangements, particularly after major changes. Keep signed copies and the accompanying schedules securely, with each person able to obtain their own copy. A later review or postnup should record what has changed and what each person understands they are agreeing to.
One useful question is: “If we separated after ten years and I had spent five years caring for our child, what would I own, where could I live and what would pay the bills?”
Be realistic about the cost of arguing
The parties in IC v AD incurred more than £1 million in combined legal costs. The judge criticised the wife’s conduct over the missing document, but the judgment did not impose a general costs penalty on her for it. The parties agreed there should be no order as to costs, apart from the husband’s existing obligation to meet her outstanding bill.
Before committing to a fight over interpretation, compare what each possible reading means for the settlement and what it may cost to resolve. If agreement is possible, the next question is how to record the financial settlement in a court order. A prenup alone does not complete the divorce finances.
FAQ: the questions people hesitate to ask
If I tear up my copy, have I cancelled the prenup?
No. Destroying your copy does not by itself undo an agreement. Other evidence may establish it. If you want to change the arrangements, discuss a new agreement with your partner rather than relying on the disappearance of paperwork.
My partner says their lawyer can advise both of us. Is that enough?
Both parties should have their own independent legal advice before signing. A solicitor acting for your partner is not acting for you. This is an important safeguard, not a guarantee that the court will uphold every term. In Radmacher v Granatino [2010] UKSC 42, the Supreme Court focused on whether each person agreed freely, understood the implications and could fairly be held to the agreement. Missing advice does not automatically invalidate a prenup, but it can leave serious questions about informed agreement.
Will having children automatically cancel what we signed?
No. Children and caring responsibilities can change needs and fairness, but do not automatically erase a prenup. A review should address the circumstances that now exist.
Does signing 28 days before the wedding guarantee it works?
No. It is not a guarantee under the current law. The Government’s 2026 consultation proposed qualifying nuptial agreements and discussed a 28-day safeguard. As at 7 September 2026, those consultation proposals are not an enacted system of automatically binding prenups. Start well ahead of the wedding and allow time to understand and negotiate the terms.
We signed abroad. Does this English case apply to us?
If divorce finances are dealt with in England and Wales, a foreign agreement may be highly relevant, but signing abroad does not remove the court’s discretion. The countries involved, the language you understood and where proceedings may take place all matter. Rules elsewhere, including Scotland, can differ.
This article is general information only. It is not legal, financial, medical or tax advice.
