Love and Logic: The Rising Trend of Pre-Nups

• Posted onSeptember 25, 2025

Pre-nups or Pre-nuptial Agreements 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 pre-nuptial agreements, how they work, and some considerations for couples thinking about protecting themselves.

Why Pre-nuptial 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 legally binding. However, they do carry weight,  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 pre-nups. Whether the pre-nup is upheld will be determined on a case by case basis. There are no guarantees.

Positively, there is talk of reform. The Law Commission has previously proposed “qualifying nuptial agreements” that would be binding if strict safeguards are met (e.g. both parties receive independent legal advice, both parties provide financial disclosure, the agreement being executed as a deed, and not permitting parties to agree to something that does not meet both parties’ “needs”). In December 2024 the Law 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 Pre-nup Can (and Can’t) Do

A well-drafted pre-nuptial 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 Pre-nup:

• 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 pre-nuptial 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 Pre-nup 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; And this should ideally be confirmed in a post-nuptial agreement after the wedding
• Full and frank financial disclosure must be exchanged (assets, liabilities, income, pensions etc.)
• Both parties should fully understand what the pre-nup entails and the impact the pre-nup has if agreed to, and signed by them
• Neither party should be placed under pressure to sign a pre-nup. Both parties must confirm they are signing the pre-nup with the full understanding of what it means, what is intended and they understand and intend to be bound by the terms
• Pre-nuptial agreements must be signed and witnessed 

Who Should Consider a Pre-nup?

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 Pre-Nup?

You can enter into a post-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. As mentioned before ideally parties would sign a pre-nuptial agreement no less than 28 days before the wedding and confirm that by signing a post-nup after the wedding

Next Steps: Legal Advice on Pre-nuptial 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. You can do so here by using the enquiry form on this page. Alternatively you can call us on 01453 847200.

Whilst they are becoming more commonplace, pre-nuptial 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.