What Can & Can't be Included in a Prenuptial Agreement?

If you're planning to get married, it's wise to consider what might happen financially if things don't go as planned. That's where a prenuptial agreement, commonly known as a prenup, can offer peace of mind.

While prenuptial agreements are incredibly useful to protect your finances and assets, UK law restricts what can and can't be included in a Prenup.

At Wembley Solicitors, we've helped many couples in London and beyond prepare fair and effective prenuptial agreements. While prenups aren't legally binding in England and Wales, they can carry significant weight in court, especially when prepared correctly.

To draft a prenuptial agreement that's fair, legal and suited to your needs, speak to Wembley Solicitors on 0203 417 3700 or fill in our online contact form.

Table of Contents

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal document signed by a couple before marriage. It sets out how your finances and assets will be divided if the relationship ends.

These agreements can cover:

• Property and assets
• Debts and liabilities
• Savings and pensions
• Inherited wealth
• Business ownership
• And much more

The main goal of a prenup is to provide peace of mind and reduce financial conflict in the unfortunate event of a separation.

What Can Be Included in a Prenuptial Agreement?

A well-drafted prenup can be tailored to suit your personal and financial circumstances. It should include a clear breakdown of both partners' assets, income, and debts, along with how those assets will be dealt with during the marriage and in case of divorce.

Here's what a prenuptial agreement can include:

1. Properties and real estate
2. Bank accounts and savings
3. Inheritance (past or future)
4. Stocks, shares, and investments
5. Pensions
6. Income and future earnings
7. Business interests
8. Trusts
9. Debts and liabilities

1. Properties and Real Estate

You can outline what happens to any properties you own, whether it's your current home, a second property, or buy-to-let investments. The prenup can state who retains ownership or how the value will be split in the event of a divorce.

2. Bank Accounts and Savings

Prenups can clarify how existing and future savings accounts, ISAs, and joint accounts will be handled. For example, you might decide to keep individual savings separate or agree on how to divide joint accounts.

3. Inheritance (Past or Future)

If you've already received an inheritance or expect to in the future, a prenup can protect it from being shared as part of a divorce settlement. This is especially important if you want to preserve family wealth for future generations.

4. Stocks, Shares, and Investments

A prenuptial agreement can list any investments, shares, or premium bonds that either of you owns, and clarify how they will be treated if the marriage ends.

5. Pensions

You can include private or workplace pension pots and agree on whether they should be split, remain separate, or shared in a particular way. Pensions can be significant assets, so it's important to plan ahead.

6. Income and Future Earnings

You might want to include terms around future income, especially if one partner earns significantly more, or expects to receive bonuses or commission. This helps set clear expectations from the start.

7. Business Interests

If either partner owns a business or has shares in a company, a prenup can protect these interests from being divided. This is particularly useful for family-run businesses or self-employed individuals.

8. Trusts

If you are the beneficiary of a trust, either now or in the future, a prenup can help ensure those assets are kept separate from marital assets.

9. Debts and Liabilities

It's not all about assets; prenups can also define who is responsible for any existing debts, such as loans or credit card balances. This prevents one partner from being unfairly burdened by the other's financial liabilities.

Tip: Start by listing everything you and your partner own, both individually and together. Then, decide how you'd like these to be treated if the marriage ends.

It's important to remember that for the court to consider your prenup seriously, both parties must provide full and honest disclosure of their financial situation, and the agreement must not be one-sided or unfair.

Please note: If the prenup doesn't fairly meet the needs of either partner or any dependent children, the court may not uphold it.

What Cannot Be Included in a Prenuptial Agreement?

While prenuptial agreements are incredibly useful for outlining how finances and assets should be handled if a marriage ends, there are clear legal limits on what can and cannot be included.

To make sure your prenup is legally valid and respected by UK courts, you should not include:

1. Child custody or support arrangements
2. Decisions on religion, schooling, or daily routines
3. Personal issues like housework, intimacy, or name changes
4. Any illegal or unethical clauses

1. Child Custody or Child Support Arrangements

You cannot use a prenuptial agreement to make legally binding decisions about child custody, visitation rights or child support. These matters are always governed by what's in the best interests of the child and are dealt with under the Children Act 1989.

Although you and your partner may wish to outline how you plan to co-parent in the event of separation, these agreements won't carry legal weight.

2. Decisions on Religion, Schooling or Daily Routines

You also can't include lifestyle decisions such as:

• What religion any future children will follow
• Where they'll go to school
• Who will make decisions about bedtime routines or daily schedules

These are personal parenting choices that are dealt with separately, if necessary, during divorce or family court proceedings.

3. Personal Issues Like Housework, Intimacy, or Name Changes

Prenups are not designed to govern personal or emotional aspects of a relationship. This means you cannot include clauses that try to control:

• Who does the housework
• Expectations around intimacy
• What surname each partner will take

These are considered private matters and are not enforceable by the courts.

4. Illegal or Unethical Clauses

Any clause that attempts to encourage illegal behaviour, such as tax evasion or hiding assets, or includes something the court considers unfair or immoral, will be completely disregarded.

Your prenuptial agreement should focus on financial and asset-related matters only.

Can a Prenup Cover Child Custody or Child Support?

No, child arrangements cannot be included in a prenuptial agreement.

Matters like child custody, visitation rights, and child support are governed by the Children Act 1989 and must always prioritise the child's best interests. These issues can only be decided at the time of separation, based on what's right for the child at that moment.

That said, some couples include informal co-parenting intentions in their prenup to help guide future discussions, though these are not legally binding.

When Might a Court Refuse to Enforce a Prenup?

Courts may not uphold a prenuptial agreement if:

• It was signed under pressure or without legal advice
• One party didn't fully disclose their finances
• The agreement unfairly disadvantages one party or children
• It doesn't reflect the couple's current circumstances at the time of divorce

For best results, both parties must seek independent legal advice and be fully informed before signing.

Why Legal Advice Is Essential for a Prenup

Prenuptial agreements are complex legal documents, and if they're not drafted properly, the court may choose to disregard them altogether.

Our experienced family law solicitors can help you:

• Draft a fair and balanced prenup
• Ensure full financial disclosure from both parties
• Protect your future and your family's interests

We recommend starting the process early, ideally at least 28 days before your wedding. This allows enough time for careful negotiation, review, and legal advice on both sides.

At Wembley Solicitors, we can guide you through the entire process to ensure your prenup is valid, fair, and tailored to your circumstances.

How Much Does a Prenuptial Agreement Cost in the UK?

Our prenuptial agreement solicitors charge an affordable fixed fee of £1,000 plus VAT for complete legal services regarding drafting a prenuptial agreement.

We offer clear, fixed-fee services for prenuptial agreements, tailored to your circumstances and with no hidden costs.

Need Help with a Prenuptial Agreement?

At Wembley Solicitors, we specialise in creating tailored, fair, and legally sound prenuptial agreements. Whether you're protecting personal assets, planning for future earnings, or ensuring financial clarity before marriage, we're here to help.

If you're considering a prenup, contact Wembley Solicitors at 0203 417 3700 for expert advice on drafting a personalised and enforceable prenuptial agreement.