Prenuptial Agreements: Sensible Planning Before Marriage

Prenuptial agreements are back in the spotlight following recent BBC coverage of couples choosing to talk openly about money before marriage. https://www.bbc.co.uk/news/articles/cgmkgvy3lv4o

Prenups are also becoming more mainstream, particularly among younger generations. Recent research suggests that around 40% of married couples aged 18–34 have a prenup, compared with 11% of those aged 35–54 and just 1% of those over 55. Separate Marriage Foundation research has also suggested that up to one in five married young people aged 18–35 have some form of prenuptial agreement in place.

Far from being unromantic, a well-prepared “prenup” can give both people clarity, confidence and peace of mind.

What is a prenup?

A prenuptial agreement is a written agreement made before marriage or civil partnership. It records how finances and assets should be dealt with if the relationship later breaks down.

It can be particularly useful where there is property, inheritance, business interests, family wealth or children from a previous relationship to consider.

Are prenups binding?

Prenups are not automatically binding in England and Wales, but the court can give significant weight to a properly prepared agreement. The key is fairness, full understanding and no pressure.

That is why early legal advice is essential. A rushed, unclear or one-sided agreement may be much less persuasive.

Why consider one?

Many couples marry later in life, often after buying a home, building savings, starting a business or receiving family support. A prenup allows those conversations to happen calmly and transparently, before any dispute arises.

If the marriage does end, a clear agreement can help reduce uncertainty, cost and conflict.

How to make a prenup stronger

• Start early — do not leave it until just before the wedding.
• Get separate legal advice — each person should understand the effect of the agreement.
• Be open about finances — full disclosure is vital.
• Keep it fair — the agreement should meet both parties’ needs.
• Review it — especially after children, inheritance, illness or major financial change.

A prenup is not about planning for failure. It is about making informed decisions, protecting what matters, and starting married life with financial clarity.

Keelys LLP’s Family Law Department can guide you through the process with clear, practical and sensitive advice.

Speak to Keelys LLP

Whether you are engaged, planning a civil partnership or considering a postnuptial agreement, early advice can make all the difference.

For advice, contact Julie Slater-Williams, Head of Family Law at Keelys LLP, on 01543 420000. We can offer fixed fees for Prenuptial agreements and can discuss these to suit your case.