What Is a Prenup & Why You Might Need One Before Marriage

A prenup, or prenuptial agreement, is a contract that couples enter into before marriage to decide how assets and finances will be divided if the marriage ends. A prenup helps protect personal assets like a business, inheritance, or pension and reduces conflict if the marriage ends.

A prenuptial agreement is a smart way to protect your finances before entering a marriage or civil partnership. With support from experienced family law solicitors, your prenup can be fair, legally sound, and carefully tailored to reflect both your wishes and personal circumstances.

If you need help with a prenuptial agreement, call our trusted family law solicitors in London on 0203 417 3700 or email us at info@wembleysolicitors.com.

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What Is a Prenup?

A prenup, short for prenuptial agreement, is a legal document signed by a couple before getting married or entering a civil partnership. It sets out how their assets, such as property, savings, income, and even debts, should be divided if the relationship ends in divorce or separation.

While it may not be the most romantic part of wedding planning, a prenup offers clarity and protection, especially for those who want to keep financial matters clear from the start.

A prenup can help answer important questions like:

• Who keeps what if you separate?
• What happens to the house?
• Who is responsible for existing debts?
• What about inheritance or business assets?

Why Would Someone Want a Prenuptial Agreement?

People often consider a prenuptial agreement to protect individual assets they bring into the marriage, such as a family inheritance, a business, or a pension. A prenup can help avoid financial disputes later by setting clear expectations and reducing the stress of decision-making if the marriage breaks down. It's particularly useful for those entering second marriages, marrying later in life, or where one partner has significantly more wealth than the other.

There are many personal and financial reasons why someone might want a prenuptial agreement before getting married, such as:

For High-Net-Worth Individuals

• Protect substantial assets, investments, and property
• Safeguard business interests and future income
• Preserve family wealth and inheritance
• Maintain financial privacy and control
• Prevent lengthy and expensive divorce battles

For Second Marriages or Blended Families

• Protect assets acquired before marriage
• Ensure children from previous relationships inherit fairly
• Avoid financial disputes between families
• Define financial responsibilities clearly
• Provide peace of mind for both partners

For First-Time Couples

• Clarify how finances and property will be shared
• Protect personal savings and future earnings
• Prevent disagreements if things don't work out
• Set healthy financial boundaries early on
• Reduce stress by agreeing on terms upfront

Who Should Get a Prenup?

A prenuptial agreement isn't just for celebrities or the super-wealthy. Anyone who wants to protect their financial future should consider one. If you have significant assets, own a business, expect to receive an inheritance, or are entering a second marriage, a prenup can help safeguard your interests. It can also make financial separation much smoother, reducing conflict and legal costs if the marriage ends.

Is a Prenup Legally Binding in the UK?

Currently, a prenup isn't automatically legally binding in England and Wales, but courts are increasingly giving weight to well-drafted prenuptial agreements. To improve the chances of your prenup being upheld, both parties should receive independent legal advice, fully disclose their financial situation, and sign the agreement well in advance of the wedding, ideally at least 28 days before. As long as the terms are fair and don't negatively affect any children, courts are more likely to respect the agreement.

UK courts are increasingly recognising them, especially if:

• Both parties agreed freely and willingly
• Legal advice was taken by each party
• There was full financial disclosure
• The agreement was signed at least 28 days before the wedding
• The terms are fair and don't disadvantage any children involved

What Does a Prenuptial Agreement Typically Include?

A prenuptial agreement (or prenup) is more than just a financial document; it's a thoughtful way for couples to agree on how their finances and assets will be managed during the marriage and in the event of divorce or separation.

While every prenup is tailored to suit the couple's personal circumstances, there are some common elements it usually includes. The goal is to provide clarity, avoid future disputes, and protect both partners' interests.

A typical prenuptial agreement may include:

• Property ownership: What each person owns before marriage (like houses or land) and what will happen to it if the relationship ends.
• Savings and investments: Including bank accounts, shares, and ISAs.
• Business interests: To protect any business one or both partners own or run.
• Pensions and retirement funds: Detailing how pension pots will be treated.
• Inheritance: To safeguard family money or future inheritances.
• Debts: Making it clear who is responsible for any personal or joint debts.
• Spousal maintenance: Whether either partner will receive financial support after separation.
• Future income or assets: Provisions for future earnings, bonuses, or property purchases.
• Personal belongings: Covering valuable items like jewellery, cars, or art collections.

A well-drafted prenup gives both partners a clear understanding of what to expect. It's not about mistrust, it's about planning ahead, especially when either or both partners have significant assets, are remarrying, or want to avoid legal uncertainty in the future.

Can a Prenuptial Agreement Protect My Pension or Future Earnings?

Yes. A prenup can protect your pension pot, especially useful for individuals marrying later in life or entering a second marriage. You can also include clauses to protect your future income or earnings, offering additional peace of mind.

How Long Does a Prenuptial Agreement Last?

A prenuptial agreement remains in force for the duration of the marriage. It doesn't expire unless you agree to change it or replace it with a postnuptial agreement after marriage.

When Should I Sign a Prenuptial Agreement?

To be taken seriously by the court, your prenup should be signed at least 28 days before your wedding or civil partnership. This shows that neither party was pressured or rushed into the agreement.

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.

How Do I Make a Prenuptial Agreement?

To create a valid and effective prenuptial agreement, you should:

1. Instruct a qualified family law solicitor
2. Make a full and honest disclosure of all financial assets
3. Get independent legal advice for each party
4. Allow at least 28 days before your wedding for preparation and signing

At Wembley Solicitors, we offer bespoke legal support for prenups, ensuring your agreement reflects your unique needs and gives you clarity for the future.

Do I Need a Solicitor to Create a Prenuptial Agreement?

Yes, it is highly advisable to consult with a specialist family law solicitor when creating a prenuptial agreement. Both parties need to receive independent legal advice to ensure the agreement is fair and legally enforceable.

Our prenuptial agreement solicitors in London can help draft the agreement and negotiate the terms to ensure it is legally sound and tailored to your needs.

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.

The cost of a prenup in the UK varies depending on your situation. Simple agreements are often available for a fixed fee, while more complex arrangements (involving businesses or multiple assets) may cost more.

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

Need Help Drafting a Prenup?

If you're thinking about protecting your assets before marriage, our experienced family solicitors are here to help. We'll walk you through every step, ensuring your agreement is fair, thorough, and has the best chance of being upheld by the court if needed.

Need help with your prenuptial agreement? Call our family law solicitors on 0203 417 3700 to book a consultation and discuss your prenuptial agreement.