Prenuptial Agreements – Are They Worth It?

When people get married, they usually don’t like to think about the possibility of breaking up or even discussing it. However, more and more couples are talking about prenuptial agreements, or “prenups”, as a way to avoid arguments and confusion in case things don’t work out.

So, what exactly is a prenup, and is it worth having one?

 

What Is a “Prenup”?

A prenup is a written agreement made before marriage. It sets out what would happen to your money, property, or other assets if you later split up.

It can include things like:

• Who keeps what property or savings.
• What happens to any debts.
• How you’ll handle a business, inheritance, or pensions.
• Whether you’ll support each other financially after divorce.

In short, it’s a way of agreeing things in advance, just in case.

 

Are Prenups legally binding?

Prenups are not automatically legally binding in England and Wales. That means a judge doesn’t have to follow the terms of the agreement. However, since the case of Radmacher v Granatino [2010], judges often do take prenups seriously and will usually respect them, as long as:

• Both people understood what they were signing.
• They were honest about their finances, both in the agreement and to their partner.
• The agreement is fair to both sides.
• It is entered into a month before the wedding
• It does not seek to avoid responsibility for the financial needs of any children

So while a prenup can’t guarantee what will happen, it can carry a lot of weight if it’s done properly.

 

Who might want a Prenup?

Prenups aren’t just for celebrities or the super-rich. They can be helpful in many situations, for example:

• One person owns a house, business, or has savings.
• You’re expecting to get a family inheritance.
• One or both of you have children from a previous relationship.
• You’re getting married later in life and want to protect assets you’ve built up.

It’s also useful if you’ve simply agreed on how things should be split and want to put it in writing.

 

How to create a Prenup that is likely to be accepted by the Court

To give your prenup the best chance of being followed by the Court, you should:

1. Make it early – it must be signed at least 4 weeks before the wedding, it is best to start early to avoid any pressure.
2. Be honest – both sides must fully share details about their money and assets.
3. Get legal advice – both people should have their own solicitor, or get advice from one.
4. Keep it fair – the agreement shouldn’t leave one person struggling or with nothing.
5. Review it over time – especially if your situation changes (for example, if you have children).

 

Common Myths About Prenups

• “It means I don’t trust my partner.”
  Not at all. A prenup is about being clear and respectful. Many couples say it helps them have honest conversations.
• “It’s only for rich people.”
  You don’t have to be wealthy. If you have a house, savings, or kids, a prenup can still be useful.
• “It’s too late, I’m already married.”
  You can still make a similar agreement called a postnuptial agreement or “postnup” after the wedding.

 

So, Is a Prenup worth it?

For many couples, the answer is yes.

A prenup can save you stress, time, and money in the future. It lets you make decisions calmly and together, rather than in the middle of a painful breakup.

It’s not about expecting the worst. It’s about planning sensibly and protecting both people, just in case.

If you’re thinking about a prenup or a postnup, talk to a member of our team who can help make sure it’s done properly and fairly.

 

 

Written by Ana-Maria Munteanu