Pre-nuptial agreements (or “pre-nups”) are often portrayed in the media as tools used by the rich and famous to protect their wealth before marriage. However, pre-nuptial agreements are not just for celebrities. In reality, they can be an extremely useful way for anyone to protect their assets and reduce the emotional and financial strain that can accompany the breakdown of a marriage.

What is a Pre-Nuptial Agreement?

A pre-nuptial agreement is a contract freely entered into by a couple before their marriage or civil partnership. It sets out what should happen to their assets if the relationship were to break down in the future.

In simple terms, it provides a clear financial plan — one made in advance, when both parties are in agreement and on good terms.

How could a Pre-Nuptial Agreement benefit me?

A pre-nuptial agreement can bring clarity, security, and peace of mind.

By deciding in advance how assets will be divided, couples can reduce uncertainty and avoid potentially lengthy, stressful, and expensive court proceedings in the event of a divorce or separation. This can significantly ease the emotional burden for both parties during an already difficult time.

Pre-nuptial agreements are especially beneficial for individuals who:

• • Have significant assets acquired before marriage
• • Are marrying for the second time
• • Have children from a previous relationship whose inheritance they wish to protect
• • Have recently received an inheritance or expect to in future
• • Have substantial savings, property, or investments

A pre-nuptial agreement allows people to “ring-fence” certain assets, clarifying ownership and ensuring they are protected. It also provides clear guidance on how property, savings, and other assets will be treated if the relationship breaks down.

Things to be aware of

In the past, pre-nuptial agreements were often viewed as being against public policy and therefore unenforceable. However, this is no longer the case.

Since 2010, the courts have recognised pre-nuptial agreements as important and influential documents when determining financial arrangements after a marriage ends.

While it’s true that no pre-nuptial agreement is absolutely binding — because the court cannot lose its ability to decide what is fair — judges are increasingly willing to uphold and enforce agreements where:

• • Both parties entered into the agreement freely and voluntarily
• • There was no undue influence or pressure
• • Both parties fully understood the implications of the agreement

It’s natural to feel hesitant about raising the topic of a pre-nuptial agreement with your partner. However, with sensitive and practical legal guidance, these discussions can take place in a constructive and respectful way that focuses on fairness and mutual understanding.

In summary

Pre-nuptial agreements are becoming an increasingly popular and sensible way for couples to protect their financial futures.

Of course, everyone entering into marriage or a civil partnership hopes never to need such an agreement — but having one in place can provide invaluable reassurance. If the relationship were to break down, knowing that financial matters have already been resolved can help both parties avoid additional conflict and distress at an already emotional time.

How we can help

If you would like more information or would like to discuss how to put a pre-nuptial agreement in place, our specialist family law team would be happy to help.

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