As modern relationships evolve, more couples are choosing to discuss practical matters before saying “I do.” One topic that’s becoming increasingly common is the prenuptial agreement, often called a prenup.
Far from being unromantic, a prenup can actually bring clarity, trust and peace of mind to both partners. Whether you’re marrying later in life, have children from a previous relationship, or own property or a business, a prenuptial agreement helps ensure that what you’ve built before marriage stays protected, while still putting fairness first.
What Is a Prenuptial Agreement?
A prenuptial agreement (also known as a pre-marital or pre-civil partnership agreement) is a contract made between two people before marriage or a civil partnership. It sets out how your finances and assets would be divided if you were ever to separate or divorce in the future.
In simple terms, it helps you both agree (openly and fairly) on how to handle money and property, so there are no surprises later on.
Is a Prenuptial Agreement Legally Binding?
In England and Wales, prenuptial agreements aren’t automatically legally binding. However, courts are increasingly willing to uphold them if certain conditions are met, such as:
- Both people entered the agreement freely and voluntarily
- Each person fully understood what they were signing
- The agreement was fair at the time it was made
It’s important that both partners receive independent legal advice before signing. This ensures you both understand the implications and that the agreement has the best possible chance of being recognised by the court if it’s ever needed.
What Can a Prenuptial Agreement Include?
Your prenup can be tailored to your individual situation. It can set out what happens to:
- Property (including your home or any second properties)
- Savings and investments
- Gifts or inheritances
- Business interests
- Pensions
- Income and other financial assets
You’ll each need to disclose your full financial position; that means listing all your assets and any debts so the agreement is fair and transparent.
What Can’t Be Included?
Some matters cannot be covered in a prenuptial agreement, such as:
- Anything illegal
- Child custody or child care arrangements
- Personal or lifestyle issues (for example, who does the chores or how often you travel)
A prenup should focus purely on financial and property matters. This keeps it professional, clear, and more likely to hold up if ever reviewed by a court.
What If One of You Owns a Business?
If one of you owns a business (or has shares in one) a prenuptial agreement can help protect that interest. Without one, your business could be treated as a shared marital asset if you ever separate.
A well-drafted prenup can help keep the business protected, so it can continue operating smoothly. That said, a court always has the final say and will look at all the circumstances to make sure any decision is fair to both people.
Should You Review Your Prenuptial Agreement?
Absolutely. Life changes – careers evolve, families grow and finances shift. It’s wise to review your prenup every few years or after major life events, such as buying a new home or having children.
Keeping it up to date not only ensures it reflects your current situation but also shows the court that both of you still consider it fair and relevant.
Final Thoughts
Talking about a prenup might not seem like the most romantic part of wedding planning, but it can be one of the most responsible. It’s about protecting your future, your family, and the assets you’ve worked hard for while entering marriage with honesty and mutual respect.
Handled thoughtfully and with professional advice, a prenuptial agreement can give both of you the peace of mind to focus on what really matters: building a happy life together.
Get in Touch
If you’re considering a prenuptial agreement or would like to speak with a family law specialist about protecting your assets, our experienced team here at Consilia Legal is here to help.
Call us on 0113 322 9222 or email: enquiries@consilialegal.co.uk
We’ll guide you through the process with clear, professional advice tailored to your personal circumstances.