Getting married is one of life’s most significant commitments – emotionally, legally, and financially. While few people go into a marriage expecting it to end, many recognise the value of having a financial safety net. That’s where a prenuptial agreement comes in. Once seen as the preserve of the rich and famous, prenups are now a sensible option for anyone who wants to enter marriage with transparency, fairness and peace of mind.

What is a Prenuptial Agreement?

A prenuptial agreement (or “prenup”) is a legal document drawn up before marriage that sets out how your assets and debts should be divided if the relationship breaks down. It can cover everything from property, savings, pensions and investments to future inheritances and business interests.

Prenups are also available to those entering into civil partnerships, often referred to as “pre-civil partnership agreements” or “pre-cips.”

Why Consider a Prenup?

Think of a prenup like an insurance policy – you hope never to use it, but if you do, you’ll be glad it’s there. People consider prenups for a range of reasons:

• Protecting assets acquired before marriage
• Safeguarding family wealth or inheritance
• Shielding business interests
• Clarifying financial arrangements in second marriages
• Ensuring children from previous relationships are provided for

Ultimately, it’s about creating certainty, reducing the scope for conflict, and encouraging open, honest financial discussions.

What Should Be Included?

A well-drafted prenup should clearly list all assets and debts each party brings into the marriage and outline how these—along with any assets acquired during the marriage—should be treated in the event of separation or divorce.

Key areas often covered include:

• Property (residential and commercial)
• Investments, savings and pensions
• Business ownership
• Debts and financial obligations
• Inheritances and gifts
• Spousal support and financial arrangements during the marriage

Every couple is different, so prenups should be tailored to individual circumstances.

Legal Standing: Are Prenups Binding in the UK?

In England and Wales, prenups are not automatically legally binding, but courts are increasingly prepared to uphold them – provided certain safeguards are met:

• The agreement must be entered into freely, without pressure
• There must be full financial disclosure
• Both parties should obtain independent legal advice
• The agreement must be fair and reasonable at the time it is made – and at the time it is enforced
• It should ideally be signed at least 28 days before the wedding

In Scotland, prenups are generally regarded as enforceable so long as they were fair and reasonable when entered into. Section 16 of the Family Law (Scotland) Act 1985 allows courts to set aside an agreement that fails this fairness test.

Common Myths

“Prenups are only for the wealthy.”

Not true – anyone can benefit from a prenup. Even modest assets or expected inheritances can cause disputes without clear planning.

“It’s a sign we don’t trust each other.”

Actually, discussing a prenup can strengthen a relationship by encouraging honesty about finances and future expectations.

Can You Get One After You’re Married?

If you’re already married, you can’t enter into a prenup, but you can create a postnuptial agreement, which works in much the same way. As with prenups, postnups must be fair, reasonable, and based on full financial disclosure to stand the best chance of being upheld.

International Considerations

If either of you has international ties or assets overseas, it’s crucial to consider how different countries might view your agreement. Some jurisdictions treat prenups very differently, so expert legal advice is essential.

Speak to a Specialist Family Law Solicitor at maloco mowat parker

A prenuptial agreement isn’t about planning for failure – it’s about preparing for the future. Whether you’re getting married for the first time, entering a civil partnership, or remarrying with children to consider, a prenup can help provide clarity and security.

Gillian Gaffney can help you navigate the process and ensure that your agreement is fair, thorough, and tailored to your needs.

Contact us today to learn how we can protect your interests and give you peace of mind for the future.