Planning a Summer Wedding? Why a Prenuptial Agreement Could Protect Your Future Together

You may already have insurance in place for your wedding day. You will take out travel insurance for your honeymoon. You may even insure the rings. So why does talking about protecting your finances still feel like the most uncomfortable item on the wedding checklist?  

Weddings come with practical decisions too  

Planning a wedding or civil partnership ceremony generally comes with a particular kind of excitement. There is a venue to choose, guest lists to finalise, flowers, photographer, finery – countless decisions shaping one of the biggest days of your life. Alongside all that, there are quieter conversations worth having too – talking about finances, expectations and how you and your partner want to build your future together.  

For some couples, one of those conversations may involve a prenuptial agreement (often called a prenup) – or a pre-civil partnership agreement. That idea can feel uncomfortable at first. Many people worry that bringing up a prenup sends the wrong message before marriage has even begun. Others assume they are only relevant for especially wealthy couples or high-profile relationships.  

In reality, couples explore prenups for far more practical reasons. They want openness and reassurance. They want to make important decisions together in a thoughtful and transparent way. A prenup is not about expecting a marriage to fail. Some couples now view it in the same way they view making a Will or discussing long-term financial goals together – a practical step that helps protect your future.  

Why prenups can feel difficult to discuss  

Money conversations can feel sensitive at the best of times. Add wedding planning into the mix and it is easy to see why some couples avoid the topic altogether. There can be a fear that raising the subject of a prenup suggests distrust or creates unnecessary tension. In reality, avoiding financial conversations often creates far more uncertainty or could cause issues later.  

Marriage creates legal and financial ties that people don’t always fully understand until they are already in place. Having open discussions before your wedding can help both of you understand each other’s expectations and make decisions openly and clearly. Many couples tell us that once they begin the conversation, it feels far less intimidating than they expected.  

Why more couples are considering prenups  

Prenups were once seen as something used only by celebrities or families with ultra-high net worth. That perception has changed significantly. Today, couples may consider prenups because their financial lives are more complex than they may first appear.  

You may be considering a prenup if:  

• you own property before getting married  
• you have savings, investments or pensions that you built up before the relationship  
• one of you owns a business  
• you expect to receive an inheritance  
• you have children from a previous relationship  
• there is a significant difference in your financial circumstances  

Even where wealth is relatively modest, people can want transparency about what they are bringing into a marriage and how future decisions would be handled. For example, one person may have contributed a larger deposit towards a property. Another may have spent years building a business that supports employees or family members. These situations are increasingly common and often benefit from proper conversations at an early stage.  

What does a prenup cover?  

A prenuptial agreement sets out how finances should be treated if a marriage later ends. This may include property owned before the relationship, savings, pensions, investments, business interests, inherited wealth or responsibility for debts. It can also address future plans. For example, if one person plans to step back from work to raise children, the agreement may acknowledge how that could affect finances later.   Every relationship is different, which is why a prenup should reflect your specific circumstances rather than rely on generic templates such as those that can be found online. A well-prepared agreement should feel balanced and fair to both of you. It should never feel like one person is trying to impose terms on the other.  

What happens if you do not have a prenup?  

Without a prenuptial agreement, financial decisions following divorce are usually resolved under the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004. These laws give the court broad discretion when deciding how assets should be divided. The court’s focus is fairness, while also considering factors such as housing needs, income, earning capacity, contributions made during the marriage, the welfare of any children and the standard of living enjoyed during the marriage.

This breadth of scope often surprises people. Assets are not automatically protected simply because they are held in one person’s name. The court considers the wider financial picture, but that does not mean assets will always be divided equally. It does mean there may be far less certainty about the outcome. A prenup allows you both to record your intentions clearly before entering into marriage.  

Is a prenup legally binding?  

Prenuptial agreements are not automatically legally binding in England and Wales. However, courts increasingly give them significant weight when they have been entered into properly and fairly. This was reinforced in the Supreme Court case of Radmacher v Granatino in 2010, which confirmed that courts should generally uphold prenups that both people entered into freely and fully understood.  

To give a prenup the strongest chance of being upheld, both of you should:  

• share full financial disclosure so both of you fully understand your financial position  
• receive independent legal advice (separate solicitors)  
• ensure the terms are fair and reasonable  
• sign the agreement well in advance of your wedding  

The Law Commission has recommended that a prenup should be signed at least 28 days before the wedding to reduce any suggestion of pressure.  

For a lot of people, the hardest part is simply starting the conversation. It helps to approach the topic early, calmly and without pressure – not during a disagreement or a stressful stage of wedding planning. Framing a prenup as part of your wider financial planning (rather than predicting later separation) can help with discussing it more openly.  

Putting a prenup in place  

The process tends to be more straightforward than people expect. It usually involves the following steps:  

1. An initial conversation about your circumstances and goals.  
2. Full financial disclosure from both people.  
3. Drafting the agreement.  
4. Independent legal advice from separate solicitors.  
5. Reviewing the terms and making any necessary amendments.  
6. Signing the agreement in plenty of time before the wedding.

Starting the process early helps avoid unnecessary pressure and gives both of you time to consider things properly.  

It is not too late if you are already married  

If you are already married (or in a civil partnership), you can still put similar protections in place through a postnuptial agreement (or post-civil partnership agreement). These agreements are often used after major life changes such as starting a business, receiving an inheritance or having children. Your circumstances may change over time, so it is natural that your legal planning is able to adapt with them.  

Starting married life on the same page  

Marriage is both an emotional commitment and, in many ways, a financial partnership. Having open conversations about money before your wedding does not undermine that commitment. For some couples, it strengthens it. Such discussions can help you understand each other’s priorities, avoid future uncertainty and move into married life with greater confidence.  

At K J Smith Solicitors, we understand that these conversations can feel sensitive. Through our ecosystem of care, we work alongside financial advisers and other professionals to help you make informed decisions about your future. If you would like to explore whether a prenuptial agreement is right for your circumstances, you can arrange a free 45-minute consultation with our team to discuss your options in confidence.