Should I Be Thinking About a Prenuptial Agreement?
Prenuptial agreements, commonly referred to as “prenups”, aren’t just for celebrities or the ultra-wealthy. Increasingly, couples across the UK are turning to prenups as a practical way to clarify financial arrangements before marriage.
At CW Booth & Co, we’re often asked whether it’s worth considering a prenuptial agreement. The simple answer? If you want clarity, protection, and peace of mind about your finances going into a marriage, it’s worth exploring.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract made between two people before they get married or enter into a civil partnership. It sets out how assets, debts, and other financial matters will be dealt with if the relationship breaks down.
While prenups are not automatically legally binding in England and Wales, they are increasingly upheld by the courts, particularly if they are fair, properly drafted, and entered into freely by both parties with full financial disclosure.
When Might You Need One?
You might want to consider a prenup if:
- You or your partner have significant assets or property acquired before the marriage
- One of you owns a business
- You’ve received or expect to receive an inheritance
- You have children from a previous relationship and want to ringfence assets for them
- There is a significant difference in wealth between you and your partner
Prenups aren’t about expecting the worst, they’re about planning responsibly for the future and protecting what matters most to you.
Are Prenuptial Agreements Enforceable in the UK?
Although prenups aren’t yet guaranteed to be legally binding in the UK, the courts will usually give them considerable weight as long as:
- Both parties received independent legal advice
- There was full and honest financial disclosure
- The agreement was signed at least 28 days before the weddinThe terms are fair and don’t disadvantage one party
In the event of a divorce, the court will still have the final say, but a well-prepared prenup can strongly influence the outcome.
How We Can Help
At CW Booth & Co, our experienced family law solicitors can:
- Advise you on whether a prenup is suitable for your situation
- Draft a clear, fair agreement tailored to your needs
- Ensure all legal requirements are met to give your prenup the best chance of being upheld
We take a sensitive and practical approach to these conversations, helping you feel informed and supported every step of the way.
Start Married Life with Confidence
A prenuptial agreement isn’t about planning for failure, it’s about entering your marriage with honesty, clarity, and mutual respect. If you’re considering one, speak to our family law team today for a free 30-minute consultation.