Why having a prenuptial agreement can be beneficial

A prenuptial agreement (“prenup”) is an agreement entered into before marriage that sets out how a couple’s assets and income should be treated if the relationship breaks down. While not automatically enforceable in England and Wales, well‑prepared nuptial agreements are given significant weight by the courts where both parties have received independent legal advice and entered into the agreement freely.

Prenups are increasingly used as part of broader financial planning and can offer clarity, reduce the risk of later disputes and provide a greater degree of protection than relying solely on the court’s discretionary approach.

Why consider a prenuptial agreement?

A prenup can help you to:

• Protect property, savings, investments or business interests acquired before the relationship
• Safeguard inherited or family wealth
• Preserve assets for children from previous relationships
• Record how future gifts or inheritances should be treated
• Reduce uncertainty by setting clear expectations about financial division
• Avoid costly and protracted litigation by narrowing areas of potential dispute

For many couples, a prenup offers a practical and reassuring foundation, reducing pressure later if the marriage comes to an end.

What does a prenuptial agreement involve?

Both parties must give full and frank financial disclosure so each understands the implications of the agreement.

Independent legal advice is essential and the agreement should ideally be signed at least 28 days before the wedding to avoid any suggestion of undue pressure.

The family team at Cripps frequently prepare bespoke prenuptial agreements ranging from straightforward protection of pre‑marital assets to complex arrangements involving international aspects, family businesses or high‑value wealth structures.

Are prenuptial agreements exclusively for the rich and famous?

Anyone who is planning on getting married can enter into a prenup and they are increasingly used by couples from all backgrounds as part of their financial planning. You do not need to have significant assets for a prenup to be beneficial. You might simply want to protect the assets you have prior to the marriage or record your respective intentions clearly to avoid any disputes later on.

Our approach

At Cripps, we take time to understand the assets you wish to protect and your wider personal and financial objectives. We are experienced in drafting tailored agreements for couples in the UK and overseas and can involve colleagues across the firm where specialist input is required, for example, in relation to business interests or trusts.

Our family law team is known for clear, pragmatic advice and for resolving matters swiftly and constructively.

If you would like advice about entering into a prenuptial agreement, please contact our expert family team.