Prenuptial agreements

A prenuptial agreement (prenup) gives clarity, protection and fairness befor marriage. In England and Wales, prenups are increasingly common and , when properly prepared, are highly influential in divorce proceeding. They don’t remove romance – they remove uncertainty.

Here is why a prenup is important:

To protect assets you already own

A prenup allows you to ring-fence:

Property you bought before the relationship
Savings and investments
Inheritances
Family wealth and gifts
Business interests
Pensions accumulated pre-marriage

Without a prenup these may be treated as marital assets and divided on divorce.

To protect future assets

It can also protect:

Future inheritances
Interests in family businesses
Trust assets
Expected gifts

This is crucial where family wealth is involved.

To reduce financial risk should you divorce

English divorce law aims for ‘fairness’ which is flexible and unpredictable.

A prenup:

provides certainty
Reduces the risk of long, expensive litigation
Sets clear expectations for both partners

Many couples use prenups to avoid years of legal disputes.

To set out what happens to the family home

A prenup can cover:

Who owns the home
Who contributed the deposit
What happens if you seperate
Whether one partner buys the other out

This avoids later emotional and financial conflict.

To protect children from previous relationships

A prenup can ensure:

Assets are preserved for your children
Their inheritance rights are protected
Family wealth isn’t diluted if the marriage ends

This is especially important in blended families.

To safeguard business interests

If you own a businee, a divorce can:

Force a sale
Disrupt operations
Drag in business partners
Reduce your control

A prenup can protect the business so that it stays intact and operational.

To clarify financial responsibilities during the marriage

A prenup can outline:

How bills will be shared
How savings will be treated
Whether assets will be joint or seperate
How debts are handled

This reduces misunderstandings later.

To control spousal maintenance

A prenup can agree:

Whether maintenance is paid
How much
For how long
Under what circumstances

This prevents future disputes about income and lifestyle.

Because prenups are recognised by courts

Since the landmark Radmacher v Granatino case, courts give prenups significant weight if:

Both parties had independent legal advice
Both fully disclosed finances
Neither was pressured
The agreement is fair and meets basic needs
It was signed well before the wedding (not last minute)

So while not automatically binding, a properly drafted prenup is usually upheld.

Peace of mind, fairness and transparency