Prenuptial agreements were once associated exclusively with celebrities and significant wealth. Today, they’re increasingly seen as a sensible form of financial planning for couples from a much wider range of backgrounds.
People are often marrying later, after buying property, building savings, growing a business or starting a family. Others may be entering a second marriage and want to protect assets intended for children from an earlier relationship.
In these circumstances, discussing what would happen financially if the relationship ended doesn’t have to be pessimistic. A carefully prepared agreement can encourage open conversations, provide clarity and help both people begin married life with a shared understanding of their finances.
What is a prenuptial agreement?
A prenuptial agreement, often shortened to a “pre-nup”, is a written agreement made before marriage. It records how a couple would like their property, money and other assets to be treated if they later separate or divorce.
A similar agreement made after the wedding is known as a postnuptial agreement. Civil partners can also put equivalent arrangements in place.
An agreement could cover:
- property owned before the relationship
- savings, investments and pensions
- business interests
- inheritances and family gifts
- responsibility for existing debts
- financial provision following separation
Every couple’s circumstances are different, so the agreement should be tailored rather than based on a standard template.
Are prenuptial agreements legally binding?
Prenuptial agreements aren’t currently automatically binding in England and Wales.
When deciding how finances should be divided following divorce, the court retains the power to consider the couple’s full circumstances and reach an outcome it believes is fair.
However, that doesn’t mean an agreement will be ignored. Since the Supreme Court’s decision in Radmacher v Granatino in 2010, courts have generally given significant weight to agreements entered into freely, with both people understanding their implications, unless it would be unfair to hold them to the terms.
A well-prepared pre-nup can therefore have a considerable influence on the eventual settlement and may make it easier to avoid prolonged court proceedings.
What makes a pre-nup more likely to be followed?
The circumstances in which the agreement is prepared are just as important as what it says.
Both people should:
- enter into it voluntarily and without pressure
- receive independent legal advice
- provide full and honest financial disclosure
- understand the terms and their possible effect
- have enough time to consider the agreement
- ensure it makes fair provision for both parties and any children
Although there is currently no fixed legal deadline, couples are generally advised to complete the agreement at least 28 days before the wedding. In practice, it’s sensible to begin much earlier, particularly where businesses, pensions or significant assets are involved.
Who could benefit from a pre-nup?
You don’t need to be extremely wealthy to consider one.
A pre-nup may be helpful where:
- one or both of you own property
- one person is contributing a larger deposit
- either of you owns a business
- there is a significant difference in wealth
- one person expects to receive an inheritance
- either of you has children from an earlier relationship
- you’re marrying later in life
- one person is bringing substantial debt into the marriage
The agreement doesn’t have to keep everything separate. It can also record what you intend to share and how joint assets should be treated.
What can’t a pre-nup decide?
A pre-nup can’t prevent the court from ensuring that the reasonable financial needs of both spouses and any children are met.
It also can’t determine future child arrangements, as these must always be based on the child’s welfare and circumstances at the time.
Personal conditions about how either person should behave during the marriage are also unlikely to be enforceable. The agreement should focus on practical financial arrangements.
Why are pre-nups becoming more common?
Modern families and finances are often complex.
People may live together for years before marrying, own property independently or have children from previous relationships. Parents and grandparents may also want reassurance that family gifts or inheritances will remain protected.
More couples are recognising that talking openly about money before marriage can be positive. Discussing property, savings, debts and future expectations may prevent misunderstandings and give both people greater confidence.
Could the law change?
In June 2026, the Government opened its consultation, A Fairer End to Relationships, which includes proposals to introduce legally binding “qualifying nuptial agreements”.
Under the proposals, an agreement that meets certain safeguards could become binding rather than simply influential. These safeguards include independent legal advice, full financial disclosure, signing at least 28 days before the wedding and appropriate provision for both parties’ needs and those of any children.
The consultation closes on 14 August 2026 and the proposals haven’t yet become law. For now, pre-nups remain influential rather than automatically binding.
What happens if circumstances change?
A pre-nup shouldn’t be prepared and then forgotten.
Your circumstances may change if you have children, move home, start a business, receive an inheritance or experience a major change in income.
It’s sensible to review the agreement after significant life events and at regular intervals. Where changes are needed after marriage, they can usually be recorded in a postnuptial agreement.
Practical advice from Lamb Brooks
A prenuptial agreement can offer valuable clarity, but its effectiveness will depend on how it is prepared and whether it provides a fair outcome.
At Lamb Brooks, our experienced Family Law Solicitors advises on prenuptial and postnuptial agreements, including arrangements involving property, businesses, inheritances and assets intended for children from earlier relationships.
We understand that these conversations can feel sensitive. We’ll explain your options clearly and help prepare an agreement tailored to your circumstances.
To speak to our friendly Family Law team, call 01256 844888 or email enquiries@lambbrooks.com.
