Love and Logic: The Rising Trend of PreNups

Prenups in the UK are pivoting from being an awkward, unromantic conversation, to being considered as a smart, everyday option for a variety of couples looking to get married.

In this blog, we share why there is a rising trend for prenuptial agreements, how they work, and some considerations for couples thinking about protecting themselves.

Why Prenuptial Agreements Are ‘Having a Moment’

Once reserved mainly for the wealthy or famous, prenuptial agreements (prenups) are increasingly treated as sensible life admin – much like a Will or life insurance.

People are generally getting married much later in life than ever before. In the 70’s it wasn’t uncommon for women to be married by the age of 20, whereas now, according to the ONS, the average age for a first marriage is 32 for women and 34 for men. 

Therefore, many couples are entering into marriage with more assets already accrued prior to their relationship. Property, equity, businesses, or children from previous relationships are making families more complex. The need for clarity, should things go wrong is more important than ever.

Are Prenups Legally Binding in England & Wales?

In short, no, they are not binding as a matter of fact. However, they do carry significant weight, often to the point they are rarely departed from, if they are done properly with expert legal advice. In the leading case Radmacher v Granatino [2010] UKSC 42, the Supreme Court said courts should give effect to a nuptial agreement freely entered into, with full appreciation of its implications, unless it would be unfair to do so. That principle is now central to how judges assess prenups. 

There’s also active talk of reform. The Law Commission has previously proposed “qualifying nuptial agreements” that would be binding if strict safeguards are met (e.g. independent advice, disclosure, executed as a deed, and not permitting parties to contract out of meeting “needs”). In December 2024 the Commission published a scoping report on wider financial remedies, noting that prenup legislation may sensibly form part of that bigger reform package. In February 2025, ministers told the House of Lords they’re considering the Commission’s work in this area. 

What a Prenup Can (and Can’t) Do

A well-drafted prenuptial agreement can potentially:

• Ring-fence non-matrimonial assets (e.g. pre-marital property, family businesses, gifts, inheritances)
• Set expectations for how post-marital assets are treated (e.g. savings, equity built during marriage)
• Agree approaches to spousal maintenance (within fairness limits)
• Reduce uncertainty and litigation risk in the event parties separate

Important limitations to a Prenup:

• A pre-nup must be fair for both sides, it cannot be heavily one-sided or include unreasonable terms
• Child arrangements cannot be determined in a prenuptial agreement, they must be based on the child’s best interest
• Rules about personal behaviour, lifestyle, appearance or household duties are not enforceable in the UK
• A pre-nup cannot dictate claims on speculative income or future earnings

How to Make a Prenup Robust

To maximise the chance a court will uphold your agreement - and to make sure your document is easy to understand:

• Both parties should seek their own independent legal advice
• The agreement should be signed in advance of the wedding – at least 28 days before the ceremony but preferably earlier;
• Full and frank financial disclosure must be exchanged (assets, liabilities, income, pensions etc.)
• Both parties should fully understand what the pre-nup entails
• Neither party should be placed under undue pressure to sign a prenup
• Prenuptial agreements must be signed and witnessed

Who Should Consider a Prenup?

There are a number of reasons why couples are deciding to enter into a prenuptial agreement. A very simple reason is to provide some clarity and understanding of what would happen should the marriage end in divorce. A prenup can give peace of mind and minimise the risk of a messy and complicated divorce.

Some circumstances where they tend to be a sensible choice include:

• Business owners and shareholders wanting to protect control of their businesses
• Homeowners entering marriage with equity or multiple properties, they wish to keep separate
• People expecting sizeable gifts or family inheritance
• People who are getting married for the second or third time, who have had a difficult experience with financial negotiations on divorce before
• Couples with unequal wealth who want to start their marriage fairly 
• Later life, or second marriages, where parties want to maintain their financial interests separate from each other for the benefit of children from previous relationships

Already Married - But Regret Not Getting a PreNup?

You can enter into a post-nuptial agreement, which is much the same as a pre-nuptial agreement. It can be put in place at any time after you have married. Further, parties who have left insufficient time to discuss, negotiate and draft a Pre-Nuptial Agreement might decide it is best to prepare a Post-nuptial Agreement instead to avoid questions about duress in finalising the document. 

Next Steps: Legal Advice on Prenuptial Agreements

If you are thinking about a prenup or have been asked to enter into an agreement and need independent legal advice, then please get in touch with our Family Law Team today.

Whilst they are becoming more commonplace, prenuptial agreements are still a very complex and sensitive matter. They require a Lawyer who specialises in Family Law to ensure that you receive the best advice and a stringent document that sets out your intentions clearly.

To discuss whether a prenup is the right choice for you, then please get in touch – in plenty of time ahead of your wedding.

Disclaimer: The content of this website blog is for general awareness and insight. This is not legal or professional advice and readers should not act upon the information provided, they should seek professional advice based on their own particular circumstances. The law may have changed since this article was published.