Pre-nuptial agreements have long carried an unfair reputation. For many, they are still seen as unromantic at best, or even distrustful at worst, something designed to protect one person at the expense of the other. In reality, that perception is beginning to shift.
More couples are now viewing pre-nups in much the same way as a will, as a sensible and reassuring way to plan for the future. And just as you might take out car or home insurance, it is not something you ever hope to rely on, but it is there to protect you should the time come.
Rather than focusing on separation, a well-prepared pre-nup is about clarity, transparency and mutual understanding at a time when both parties are very much aligned.
At Scott Bailey, the process is designed to be collaborative, constructive and forward-looking. It is not about preparing for conflict before a marriage has even begun. Instead, it is an opportunity for both individuals to sit down and have open conversations about their financial positions, their expectations, and their plans for the future.
Similar to a will, it is important to recognise that a pre-nup is not a static document. It should evolve alongside a relationship, with many couples choosing to review and update their agreement as life changes, for example, following the birth of children or significant shifts in financial circumstances. In that sense, it is better understood as a living document, designed to remain fair and relevant over time.
Creating a pre-nup does not mean you’re expecting your marriage to end. Just as having insurance does not mean you expect something to go wrong, a pre-nup simply provides reassurance. By setting out clear expectations from the outset, it can help to reduce uncertainty, minimise the potential for future disputes, and ultimately support a more amicable outcome should circumstances change.
In this blog, our family law solicitors have answered some of the most common questions surrounding pre-nuptial agreements and explain how they can form part of a more positive and considered approach to planning for the future.
What is a pre-nuptial agreement?
A pre-nuptial agreement is a document which sets out each party’s assets and liabilities at the point of entering into a marriage, and how those assets should be treated both during the marriage and in the event of divorce.
It can address how future purchases are to be handled, the treatment of gifts and inheritances, and whether spousal maintenance may be payable. It may also provide for certain classes of assets to be ringfenced and confirm how assets will be divided, or liabilities apportioned, if the marriage breaks down.
Are pre-nuptial agreements legally binding in England and Wales?
A pre-nuptial agreement cannot remove the court’s jurisdiction to determine the division of assets on divorce. As a result, such agreements are not automatically binding.
However, there is now a well-established body of case law confirming that, where a pre-nuptial agreement meets certain key requirements, the court is likely to give it significant weight when determining how assets should be divided.
Who should consider a pre-nuptial agreement?
Any couple who would like greater clarity and certainty over how their assets would be treated in the event of a future separation may wish to consider a pre-nuptial agreement.
Is a pre-nup only for people with significant wealth?
No. Pre-nuptial agreements are not limited to high-net-worth individuals. Marriage creates legal and financial claims between spouses, meaning that from the moment a marriage takes place, each party’s financial position becomes connected.
Where one person has greater pre-marital wealth, owns property in their sole name, or expects to receive an inheritance in the future, it may be sensible to explore how a pre-nuptial agreement could help protect those assets.
It is also common for parents to encourage their children to enter into pre-nuptial agreements before family wealth is passed down, to help preserve assets across generations.
Should I consider a pre-nup if I am getting married for the second time?
Absolutely. Second marriages often take place later in life, when individuals may already have established assets, pensions and careers.
There may also be children from a previous relationship whose future inheritance needs to be considered. In these circumstances, both parties are often keen to preserve the assets they are bringing into the marriage, and a pre-nuptial agreement can help achieve that clarity.
What if I have children from a previous relationship?
Where there are children from a previous relationship, it can be particularly important to consider how existing assets should be protected.
This is especially relevant where a previous divorce settlement was structured to meet housing or income needs for those children, and there is a desire to preserve that provision.
What if I own a business or expect an inheritance?
Pre-nuptial agreements can address assets that are not yet owned, such as anticipated inheritances, as well as business interests.
Where one party has built up a business, or is the primary contributor to it, a pre-nuptial agreement can help provide clarity and certainty as to how that asset may be treated in the event of separation.
What can a pre-nuptial agreement cover?
Pre-nuptial agreements are bespoke documents and can be tailored to reflect the specific circumstances of each couple.
Typically, they will identify joint assets, distinguish non-matrimonial property, and set out how future purchases, gifts and inheritances should be treated if the marriage ends.
What can’t a pre-nuptial agreement cover?
A pre-nuptial agreement is limited to financial matters. It cannot determine arrangements relating to children, such as where they will live or how their time will be divided between parents.
Why do both parties need independent legal advice?
Pre-nuptial agreements are legal documents and can be complex. It is therefore essential that both parties obtain independent legal advice to ensure they fully understand the terms and implications of the agreement.
This also plays an important role in strengthening the agreement. Whether both parties have taken independent advice is a key factor the court will consider if asked to uphold a pre-nuptial agreement in the future.
When should we start the process, and is there a deadline before the wedding?
It is advisable to begin discussions well in advance of the wedding, allowing sufficient time for full financial disclosure and considered, collaborative conversations.
In practice, this often means starting the process several months before the wedding. As a general rule, it is recommended that a pre-nuptial agreement be finalised and signed at least 28 days before the ceremony.
Where timing becomes challenging, a post-nuptial agreement can be entered into after the marriage, either instead of or in addition to a pre-nuptial agreement.
Could the law around pre-nuptial agreements change in 2026?
The Law Commission’s 2014 report recommended that certain ‘qualifying nuptial agreements’ should be formally recognised as legally binding.
While legislation has not yet been introduced, and there is currently no confirmed timetable, the courts are increasingly upholding properly prepared agreements. The overall direction suggests that pre-nuptial agreements are likely to carry even greater legal weight in the future.
If you are considering whether a pre-nuptial agreement may be right for your circumstances, you may also find our guide on when to consider a pre-nup helpful.
How to set up a pre-nuptial agreement
If you are considering a pre-nuptial agreement and would like to explore your options, please get in touch with our family law team. We have over 90 years of experience supporting individuals and couples in putting clear, fair and carefully structured agreements in place, always with a focus on protecting what matters most and supporting your future together.
