Prenuptial Agreements in the UK: Why More Couples Are Saying “I Do” to Legal Protection
In the world of weddings, the glitz and glamour often steal the spotlight—but behind the scenes, an increasing number of UK couples are also having a very different kind of conversation: the prenuptial agreement, or “prenup.” Once viewed as unromantic or only for the ultra-wealthy, prenups are gaining traction among modern couples seeking clarity, fairness, and financial security before saying “I do.”
In this article, we’ll explore what prenuptial agreements are, how they work in the UK, their legal status, recent statistics, and why more couples than ever are choosing to protect their futures with one.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal document created by a couple before marriage or a civil partnership. It sets out how assets (such as property, savings, investments, and even pets) should be divided if the marriage ends in divorce or separation. Prenups can also address issues like debt responsibilities and future inheritance.
Are Prenups Legally Binding in the UK?
Prenups are not automatically legally binding in England and Wales. However, they are increasingly upheld by courts, especially since the landmark 2010 Supreme Court case of Radmacher v Granatino. In that case, the court ruled that prenups should be given "decisive weight" if:
- They were entered into freely by both parties.
- Both parties had a full understanding of its implications.
- It is fair and does not prejudice the needs of any children.
In Scotland, prenuptial agreements are more likely to be legally enforceable if they meet the standard requirements of contract law.
Why Are Prenups Becoming More Popular?
According to the UK Office for National Statistics (ONS), there were 113,505 divorces in England and Wales in 2021, a 9.6% increase from the previous year. With nearly 42% of marriages expected to end in divorce, couples are increasingly open to pre-marriage planning.
Recent surveys by law firms like Stowe Family Law reveal that:
- More than 1 in 5 UK couples now consider signing a prenuptial agreement before getting married.
- Among millennials, that number increases to 1 in 3.
- High net-worth individuals and second marriages are the most common scenarios for prenups, but there’s a growing trend among first-time marriages too—especially when one party is entering the marriage with a property or business.
Who Should Consider a Prenup?
While anyone can benefit from a prenup, it's particularly advisable for:
- Property owners: If one party owns property before marriage and wants to protect it as a non-matrimonial asset.
- Business owners: To ensure business interests remain with the original owner.
- Individuals with children from previous relationships: To safeguard inheritance or family assets.
- Those expecting future inheritance: A prenup can help keep inherited assets outside marital property.
- Partners with significant financial imbalance: To clearly define roles and expectations.
What Can Be Included in a Prenup?
Prenuptial agreements can cover a range of topics, including:
- Division of property and assets
- Ownership of businesses
- Future income, pensions, and savings
- Debt responsibility
- Inheritance and gifts
- Treatment of jointly acquired assets
- Spousal support
- Child maintenance (though this may be overridden by courts prioritising children’s welfare)
What Can’t Be Included?
While prenups offer flexibility, there are limits:
- Child arrangements: Decisions about child custody or contact cannot be predetermined in a prenup.
- Unfair terms: Courts may disregard clauses deemed unfair or oppressive.
- Lifestyle clauses: Unlike in some US prenups, UK courts do not generally enforce "infidelity clauses" or requirements related to weight, chores, or personal behaviour.
How to Make a Valid Prenup
To increase the chances that a prenup will be upheld in court, certain formalities must be followed:
- Full financial disclosure: Both parties must share their financial details transparently.
- Independent legal advice: Each party must receive advice from their own solicitor.
- No pressure or duress: The agreement should be entered into freely.
- Sufficient time before the wedding: At least 28 days before marriage is recommended.
- Review and update: Particularly after major life events such as the birth of a child or significant financial changes.
Prenup vs Postnup: What’s the Difference?
If you’re already married and missed the chance to create a prenup, don’t worry—a postnuptial agreement offers similar protections and can be drafted after marriage. It follows the same principles and legal framework.
The Emotional Side: Is a Prenup “Unromantic”?
For some, the idea of a prenup feels like preparing for divorce before the honeymoon. But modern couples are starting to see it differently: not as a sign of mistrust, but as a practical tool to reduce stress, clarify expectations, and protect both partners in a worst-case scenario.
Think of it like insurance—you hope you’ll never need it, but if the day comes, you’ll be glad it’s there.
Final Thoughts: Clarity is the New Romance
In today’s complex world of blended families, growing property prices, and dual-career households, prenups provide clarity, security, and peace of mind. Far from being a taboo, they’re quickly becoming a smart, responsible step for couples entering marriage with their eyes open.
If you’re considering a prenuptial agreement, consult a family law solicitor who specialises in relationship agreements. With the right advice and planning, you can create a prenup that reflects your values, protects your interests, and—most importantly—supports your relationship, not undermines it.
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