Why a prenuptial agreement is the smartest wedding gift you can give yourselves

When you're about to get married or enter into a civil partnership, the last thing you want to think about is the possibility of separating. But while no one enters a union expecting it to end, taking steps to protect your shared future is a practical way forward.

In this blog, we explore why a prenuptial agreement is one of the smartest and most respectful decisions couples can make before saying "I do." With wedding season in full swing, it's the perfect time to consider how a ‘prenup’ – or the equivalent agreement for a civil partnership – can strengthen your relationship through openness and clarity to give you both peace of mind.

Planning for life

From June through August, thousands of couples across England and Wales celebrate their summer weddings and civil partnerships. And while they are rightly focused on the celebrations, there’s a growing understanding that planning for your future together should also include legal and financial clarity.

While prenuptial agreements were once thought to be the preserve of the ultra-wealthy or high-profile couples, that’s no longer the case.

Increasingly, modern couples see them as a sensible and forward-thinking step, not because they’re expecting to separate but because they want to start their life together with honesty, openness and mutual respect.

What is a prenup and who needs one?

Our Senior Solicitor and head of the Woodley and Henley Office, Beth Pettifer perfectly describes a prenuptial agreement as " a bespoke contract that will set out what is to happen to your financial assets, should there be a divorce in the future. Whilst nobody enters into a marriage with the intention of divorce, if it were ever on the cards, you have essentially already agreed how your financial assets will be split. It is very sensible, grown-up and certainly not taboo."

If you’re entering into a civil partnership, you can make a similar agreement, called a Pre-Civil Partnership Agreement, which works in the same way and provides comparable protection.

A prenup can be helpful for:

✅protecting assets acquired before the marriage or civil partnership

✅ clarifying how debts will be managed in the event of separation

✅ safeguarding children’s inheritance from previous relationships

✅maintaining clarity about business or property ownership

Essentially, it removes much of the potential for lengthy and costly disputes.

Imagine you’ve built up a small but successful family business long before you met your partner. A prenuptial agreement can help ringfence that business, ensuring its future remains secure regardless of what happens in your relationship.

It’s not about distrusting your partner – in this scenario it would be about protecting your livelihood, employees and other family members who have a stake in the business.

Alternatively, there could be a couple where one owns a property and has significant savings, while the other is entering the marriage with student loan debt. A prenup can outline clearly what should happen to those existing assets and debts in order to avoid misunderstandings later. It’s a proactive way to make sure both of you feel your financial position is respected and protected from day one.

Irrespective of personal circumstances, a prenup can be appropriate for any couple where both partners value transparency and want to agree in advance how finances would be handled if their relationship was to end.

What does a prenup actually do?

In practical terms, a prenup defines who owns what, both now and in the future. It can include:

● property (owned jointly or individually)

● savings and investments

● business interests

● debts and liabilities

● future inheritances

● spousal maintenance (to a limited degree)

Is a prenup legally binding?

While prenuptial agreements are not automatically legally binding in England and Wales, the courts increasingly give them considerable weight – as long as certain conditions are met.

In the key 2010 case of Radmacher v Granatino, the Supreme Court ruled that prenups should be upheld if they are entered into freely and fairly, without undue pressure and with a clear understanding of their implications.

To give your prenup (or civil partnership equivalent) the best chance of being upheld in court (in the event of needing to go to court), your agreement should follow these key principles:

1. Full financial disclosure: Both parties must be open about their assets and debts.

2. Independent legal advice: Each partner should have their own solicitor.

3. Agreement made in advance: It should be signed at least 28 days before the wedding or civil partnership.

4. No pressure or coercion: It must be entered into voluntarily.

5. Provision for future children: The agreement must not negatively impact any future children’s needs.

6. Fairness: The terms should be reasonable and not leave one party destitute.

7. A Review clause: A provision to review the agreement after major life events is recommended.

For a prenuptial agreement to stand up in court, both of you need to have taken independent legal advice.

This isn’t just a formality, it reassures the court that neither person has been pressured into signing something they didn’t fully understand or want to do. Each of you should have the opportunity to discuss the agreement confidentially with your own solicitor, so you can be assured that your interests are properly protected.

You may wish to read more about the law relating to prenuptial agreements.

Why a family law solicitor should draft your prenup

There are a number of DIY templates or informal agreements online and these can easily be challenged – or completely disregarded – by a court.

A professional solicitor will carefully prepare your agreement according to your own personal circumstances, ensuring it meets the legal standards required to be considered fair and enforceable if it's ever relied upon in the future.

The solicitor should find out about:

• both you and your partner’s assets
• your financial needs if you were to separate
• whether you have children and what their future needs might look like

To ensure your prenuptial agreement is legally binding, make sure it is properly drafted by a solicitor who specialises in family law.

What happens when a prenup is not in place?

If no prenup or equivalent agreement exists, and if you and your partner decide to split up permanently, you will need to sign an agreement about how your matrimonial assets are divided.

This can give rise to conflict.

To help reach an agreement, many couples use alternative methods of dispute resolution such as Mediation or Arbitration. Decisions about how your finances are divided during a divorce or dissolution fall under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004.

If you’re unable to reach an agreement between yourselves, these laws give the court wide discretion in dividing assets. While the aim is fairness, the result isn’t always what either party might expect.

Without a prenup, the assets you brought into the marriage, such as a home, business or inheritance, may become subject to division, especially if they’ve been mingled or used jointly. Having a clear agreement in place reduces uncertainty and can prevent lengthy and expensive legal disputes.

Why having an early conversation makes a difference

Discussing finances and “what if” scenarios before your wedding doesn’t mean you’re assuming the worst, you’re simply setting yourselves up for a stronger future.

In fact, many couples find that going through the prenup process actually brings them closer. It prompts open and honest conversations about money, expectations and values – which creates a healthy way to approach financial discussions from the outset.

Waiting until after you’re married doesn’t mean it’s too late either. If you are already married – or decide you'd like to revise your prenup later – you can achieve the same protections through a Postnuptial Agreement (or Post-Civil Partnership Agreement).

An agreement can be made at any time during your relationship. They’re particularly useful after major life events like starting a business, receiving an inheritance, or having children. A family solicitor can advise you on whether a postnup is the right step and help to ensure it reflects your current situation fairly.

Is a prenuptial agreement right for us?

If you or your partner have personal or family wealth, own property, expect an inheritance, or simply want to start married life on a foundation of clarity and fairness, a prenup is worth considering. For civil partners, the equivalent civil agreement offers the same clarity.

If you have more complex financial arrangements, a prenup is particularly important. You may also find our article on high-net-worth divorce useful if your situation involves substantial wealth, trusts or international property.

We’re here to support you

At K J Smith Solicitors, we know that you can’t predict the future, but you can plan for it. A prenuptial agreement or Pre-Civil Partnership Agreement isn’t about doubting your relationship; it’s about building it on honesty, respect and understanding. It shows that you’re both willing to have the tough conversations now, so you’re prepared for whatever life brings.

If you’d like to find out more, our experienced team of family law specialists is here to help. We offer a free 45-minute consultation to discuss your options and help guide you through the process.

Get in touch today to start your married life with clarity and confidence – because, while we never know what’s around the corner, we can always plan wisely for the road ahead.