Prenuptial Agreements in the UK: A Comprehensive 2025 Guide
While the idea of a prenuptial agreement (prenup) may not scream romance, it is far from a pessimistic gesture. Instead, it is a practical and mature step for couples entering into marriage or a civil partnership who wish to build their future on mutual transparency, financial clarity, and legal protection.
In this article, we break down everything you need to know about prenuptial agreements in the UK as of 2025—from what they are, to how they work, and why they might be the smartest decision you make before saying "I do."
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract signed by two individuals before marriage. It outlines ownership of existing assets and determines how finances, property, business interests, and debts will be divided in the event of a divorce.
Though traditionally associated with celebrities and the ultra-wealthy, prenups are becoming increasingly mainstream in the UK for people of all financial backgrounds.
Who Should Consider a Prenup?
Anyone entering marriage with assets, debts, or future wealth considerations can benefit from a prenup. Some common scenarios include:
- Unequal Wealth: One partner has significantly more assets or income than the other.
- Business Owners: Protecting a company from becoming a marital asset.
- Future Inheritance: Safeguarding assets intended for children from a previous relationship.
- International Marriages: Navigating conflicting laws between jurisdictions.
- Second Marriages: Maintaining financial security for children from a previous marriage.
What Does a Prenup Cover?
A well-drafted prenup can be customised to suit the needs of each couple. Common inclusions are:
- Property owned before and during the marriage
- Savings and investments
- Debts and liabilities
- Inheritance (existing and future)
- Business ownership
- Pensions and future earnings
- Rights of children from previous relationships
What Can’t a Prenup Include?
Prenups cannot include clauses related to:
- Child custody or support
- Personal or lifestyle matters
- Anything illegal or contrary to public policy
Such provisions, if included, could render parts of the agreement unenforceable.
Are Prenups Legally Binding in the UK?
As of 2025, prenuptial agreements are not automatically legally binding in the UK, but they carry significant weight in court if:
- Both parties received independent legal advice
- There was full financial disclosure
- The agreement was signed at least 28 days before the wedding
- It was entered into freely and fairly
- It does not result in unfair outcomes or financial hardship
The landmark case Radmacher v Granatino established that prenups should be upheld if they are fair and freely entered into.
How Common Are Prenups in 2025?
Prenups are no longer rare. According to the Marriage Foundation, approximately 1 in 5 UK marriages now begin with a prenup. The rise is attributed to later-life marriages, second marriages, business ownership, and the growing value of personal assets.
How to Draft a Valid Prenup
To maximise enforceability, couples should:
- Begin discussions early (preferably months before the wedding)
- Instruct specialist family law solicitors
- Exchange full financial disclosures
- Ensure independent legal advice is taken
- Avoid coercion or last-minute pressure
Both parties must understand and agree to the terms for the agreement to be valid.
Can You Modify a Prenup After Marriage?
No. Once you're married, a prenup can't be altered. However, you can create a postnuptial agreement, which operates similarly and reflects any changes in your financial situation.
Can Prenups Include Marital Assets Acquired After Marriage?
Yes. Clauses can be included to cover assets acquired during the marriage. The agreement can also be amended post-marriage via a postnuptial agreement.
Prenups and International Marriages
If you're getting married abroad or have international ties, it's essential to ensure your agreement complies with both UK and foreign jurisdiction laws. Dual agreements may be necessary.
Do Prenups Require Witnesses?
Yes, two independent witnesses (not family members) over the age of 18 are required to sign and witness the prenup.
Does Having a Prenup Make Divorce More Likely?
Absolutely not. In fact, prenups often reduce stress by eliminating ambiguity around finances, promoting open communication, and laying a stable foundation for the marriage.
How Long Does a Prenup Last?
Indefinitely—unless a sunset clause is specified. Regular reviews and updates are recommended to ensure the agreement remains relevant and fair.
Cost of a Prenup in the UK
Costs typically range from £1,500 to £3,000+ VAT. More complex cases may cost more, especially if substantial assets are involved. However, this is minor compared to the potential cost of a contested divorce.
Cohabitation Agreements vs. Prenups
Cohabitation agreements apply to unmarried couples living together, whereas prenups are for those intending to marry. Both serve to protect assets and clarify expectations.
Final Thoughts: Is a Prenup Worth It?
While it may seem like an awkward topic, a prenuptial agreement offers legal clarity, financial security, and emotional peace of mind. With proper legal support, it can be a thoughtful, fair, and empowering decision for both parties.
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