Pre‑Nups Explained: What a Prenuptial Agreement Can (and Can’t) Do Before Marriage

• Posted onFebruary 10, 2026

A Proposal…and a Pre-Nup?

With Valentine’s Day around the corner, a Pre-Nup may not be the most romantic thought, but for many couples planning a wedding, it can be one of the most practical conversations to have early on.

Getting engaged is exciting. It’s about love, commitment and planning a future together. Alongside choosing a venue and setting a date, some couples are also thinking about how to protect themselves financially if life does not go to plan. That’s where a Pre-Nup comes in.

This isn’t about expecting a relationship to fail. It’s about starting married life with clarity, honesty and a shared understanding. WSP Solicitors’ Family Law Team can help you decide what is right for you.

What is a Pre-Nup?

A Pre-Nup (short for prenuptial agreement) is a written agreement made before marriage or civil partnership. It sets out how finances, property and other assets would be dealt with if the relationship later ends.

In England and Wales, Pre-Nups are not automatically legally binding. However, they are increasingly taken seriously by the courts, especially where they have been properly prepared and are fair to both parties.

A well-drafted Pre-Nup can help couples avoid uncertainty, reduce conflict and save on significant potential legal costs in the future.

At some point, most couples will have a conversation as their relationship becomes more serious about what would happen should the relationship not stand the test of time – particularly when they share a property, assets or children together. A prenuptial agreement is about getting that ‘mutually agreed’ conversation onto paper and formalised.

What can a Pre-Nup cover?

A Pre-Nup is designed to provide clarity around finances. While every agreement is different, it may include:

• What happens to property owned before the marriage
• How savings, investments or pensions are treated
• How business interests are protected
• How future inheritances or family wealth are dealt with
• How joint assets may be divided if the relationship ends

It’s important to understand that a Pre-Nup cannot override the needs of children, nor can it be used to leave one person without reasonable financial provision.

What a Pre-Nup cannot do

A Pre-Nup is not a “one-size-fits-all” solution, and it has limits. For example, it cannot:

• Remove a court’s ability to ensure a fair outcome
• Exclude child maintenance arrangements
• Be enforced if it is clearly unfair or signed under pressure

This is why timing, transparency and fairness are so important.

When might couples consider a Pre-Nup?

Pre-Nups are no longer just for celebrities or the ultra-wealthy. Many couples explore them simply because their financial circumstances are different.

You may wish to consider a Pre-Nup if:

• One or both of you own property before marriage
• One of you has significantly more savings or investments
• You own or plan to start a business
• You expect to receive an inheritance
• You are entering a second marriage
• You want to protect assets for children from a previous relationship

In these situations, a Pre-Nup can help set expectations early and avoid difficult conversations later.

Why timing matters with a Pre-Nup

One of the biggest mistakes couples make is leaving a Pre-Nup too late.

A Pre-Nup should be discussed and signed well in advance of the wedding. Rushing the process close to the ceremony can raise concerns about pressure or lack of choice, which may reduce its weight if ever considered by a court.

Ideally, conversations should begin months – not weeks – before the big day. That gives both parties time to take advice, reflect and agree terms calmly. However, if there is not enough time to reach an agreement on the contents of a Pre-Nup it is possible to draft the document into a Post-Nup (Post-Nuptial Agreement) which is exactly the same as a Pre-nup but it is effected after the marriage has taken place; arguably a Post-Nup is more likely to be followed by the Court as there is no argument it was signed under duress before the wedding.

Not exactly Valentine’s dinner conversation…

Let’s be honest, proposing a Pre-Nup over candles and champagne probably isn’t the dream scenario.

But having the conversation at the right time, in the right way, can actually strengthen a relationship. A Pre-Nup encourages openness about finances, priorities and future plans. It can remove assumptions and replace them with clarity.

Rather than focusing on “what if things go wrong”, many couples see a Pre-Nup as a practical worst-case plan – one they hope never to need.

Planning for certainty, not separation

Marriage is about building a life together. A Pre-Nup doesn’t change that. What it can do is provide reassurance that, if the unexpected happens, both of you know where you stand.

If you are recently engaged or planning a wedding this year, it may be worth exploring whether a Pre-Nup is right for you – and starting that conversation sooner rather than later.

WSP Solicitors Family Law Team can help you understand the options, explain the process and guide you through the practical steps involved. An early, informal discussion can make all the difference. You can get in touch with the team here or by using the form on this page. Alternatively you can call us on 01453 847200 

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