Wedding season is in full swing, and alongside choosing venues, flowers and seating plans, more couples are taking time to consider how they can protect their financial future. In fact, we have seen a significant increase in enquiries about pre-nuptial agreements in recent months.

While no one enters a marriage expecting it to end, having open and honest conversations about finances before saying “I do” can provide clarity, certainty and peace of mind for both parties.

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement (often referred to as a “prenup”) is a legal agreement entered into by a couple before they marry or form a civil partnership. It sets out how assets, property and finances should be dealt with if the relationship later breaks down.

A post-nuptial agreement works in much the same way but is entered into after the marriage or civil partnership has taken place.

Why Consider a Nuptial Agreement?

Although thinking about separation may be the last thing on your mind when planning a wedding, a nuptial agreement can be an important planning tool.

These agreements can be particularly beneficial where:

• One or both parties have substantial assets acquired before the relationship.
• There is a family business that one party wishes to protect.
• One party has received, or expects to receive, an inheritance.
• There are children from a previous relationship and a desire to preserve assets for them.
• There is a significant difference in wealth between the parties.
• One or both parties have been through a divorce before.
• Pets are involved!

A well drafted agreement can help identify which assets should remain separate and which may be shared, providing greater certainty should the relationship end in the future.

Protecting More Than Just Financial Assets

Increasingly, couples are also considering arrangements for cherished family pets. While the law currently treats pets as property, a nuptial agreement can record intentions regarding ownership and care should a separation occur, helping to avoid future disputes.

Peace of Mind for the Future

Sadly, not every marriage or civil partnership lasts forever. A nuptial agreement acts much like an insurance policy: something you hope never to need but are grateful to have in place should circumstances change.

Even where there are no significant assets involved, agreeing financial arrangements in advance can reduce uncertainty, minimise conflict and potentially save considerable legal costs if a relationship breaks down.

Are Pre-Nuptial Agreements Legally Binding?

Pre-nuptial and post-nuptial agreements are not automatically binding under English law. However, the courts are increasingly willing to uphold them where certain requirements have been met and where doing so is fair.

This makes it essential for both parties to obtain independent legal advice and ensure the agreement is properly prepared.

Key Requirements for a Valid Nuptial Agreement

To maximise the likelihood of an agreement being upheld by the court:

• The agreement must be entered into freely by both parties, without pressure, undue influence or fraud.
• Both parties must fully understand the terms and implications of the agreement.
• There should be full and frank financial disclosure.
• The agreement must be fair in the circumstances at the time of any divorce or dissolution.
• The Law Commission recommends that pre-nuptial agreements are signed at least 28 days before the wedding or civil partnership ceremony.
• Both parties should obtain independent legal advice before signing.

How We Can Help

If you are planning to get married or enter into a civil partnership and would like advice on a pre-nuptial or post-nuptial agreement, our experienced Family Law team can help you put the right arrangements in place with confidence.

Contact our family solicitors today to discuss your circumstances or arrange an initial consultation.

Frequently Asked Questions About Pre-Nuptial Agreements

Can a pre-nuptial agreement protect an inheritance?

Yes, a pre-nuptial agreement can help protect assets that have been inherited before the marriage and can also address future inheritances that one party may expect to receive.
While the court will always consider what is fair in the circumstances, including inherited assets within a well-drafted agreement can help clarify how those assets should be treated if the relationship later breaks down.

Can a pre-nuptial agreement protect a family business?

Many business owners choose to enter into a pre-nuptial agreement to help protect their interests in a family business. The agreement can set out how business assets, shares or future growth should be treated if the marriage or civil partnership comes to an end.
This can provide reassurance not only for the business owner but also for other family members and stakeholders who may be involved in the business.

What is the difference between a pre-nuptial agreement and a post-nuptial agreement?

The main difference is when the agreement is signed. A pre-nuptial agreement is entered into before marriage or a civil partnership, whereas a post-nuptial agreement is entered into afterwards.
Both agreements serve a similar purpose by recording how assets, property and finances should be dealt with if the relationship breaks down. They can offer clarity, manage expectations and help reduce the potential for future disputes.

About the author

Estella Newbold-Brown is Partner and Head of Family, advising high-net-worth clients on complex financial settlements and children matters.

Estella is a highly regarded family law specialist, advising high-net-worth individuals on complex financial and children-related matters. She acts in cases involving significant wealth, family businesses, international assets, and offshore structures, and is known for her strategic, pragmatic, and empathetic approach. She is recognised for her meticulous organisation, clear communication and forward-thinking style, ensuring clients feel supported throughout every stage of their case.