Is it Worth Getting a Prenuptial Agreement?
April 2025
A prenuptial agreement (also referred to as a ‘prenup’) is often associated with high-net-worth individuals or celebrities, but, in reality, it can be a valuable tool for many couples who want to plan for their future responsibly. As more people marry later in life, bring property or children from previous relationships into a marriage, or build businesses together, the idea of protecting assets in case the relationship breaks down is increasingly being seen as sensible rather than cynical.
This summary provides general information and does not constitute legal advice on any individual circumstances.
A prenuptial agreement is a written contract entered into by a couple before marriage, setting out how their finances and assets will be divided if they separate or divorce. It can cover property, savings, investments, pensions, debts, and even future inheritance. The aim is to give both parties clarity and reassurance over what would happen if the relationship were to end.
While prenuptial agreements are not legally binding in England and Wales, they can be an important factor in the court’s decision-making process if certain conditions are met. These include both parties having received independent legal advice, having exchanged full financial disclosure, and the agreement being fair and entered into freely, without pressure.
Why Consider a Prenup?
One of the main reasons people choose to have a prenuptial agreement is to protect wealth or assets acquired before the marriage. This can be especially important if one partner has significantly more than the other, owns a business, or has children from a previous relationship they want to provide for. A prenup can also help clarify what should happen to property or assets inherited or gifted by family members.
Prenuptial agreements are also commonly used where one or both parties expect to receive significant assets in the future, such as a share in a family business or trust fund. By setting out clear terms in advance, a prenup can offer peace of mind and help avoid misunderstandings or disputes further down the line.
In addition, having a prenuptial agreement in place can reduce conflict and legal costs if the marriage ends, as much of the financial decision-making has already been agreed in advance. Rather than leaving matters to be decided by the court, couples can take control and create an agreement that reflects their own priorities, values, and expectations. This can be particularly helpful in creating a more amicable separation process and providing certainty at an emotionally difficult time.
Is a Prenup Right for Everyone?
Whether a prenuptial agreement is the right choice depends on individual circumstances. For couples entering marriage with few assets or similar financial positions, a prenup may feel unnecessary. However, for those with significant property, investments, or family wealth, or where one party is taking on financial risk by moving for the relationship, leaving work, or supporting a partner’s business, a prenup can offer peace of mind and protect both parties in the event of a future separation.
It can also be especially useful for second marriages, where one or both individuals want to ensure that children from a previous relationship are financially protected. In such cases, a prenuptial agreement can help ringfence assets and provide reassurance that everyone's interests have been considered.
Even if the agreement is never needed, many couples find that having open conversations about finances before marriage strengthens their relationship and creates a foundation of trust and transparency. Discussing expectations early can help prevent disputes in the future and make sure both partners enter the marriage with a clear understanding of each other’s financial values and goals.
How Can Fullers Help?
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