Skip to main content

Insight article

January 31, 2023

Prenuptial agreements; have you got yours?

The benefits of having a prenuptial agreement: why every couple should consider one.

While a prenuptial agreement can be difficult to discuss with your partner, and one may seem unromantic to factor into your wedding plans, it’s essential to understand their benefits and to discuss them openly and honestly with your partner.

This article will explore the advantages of having a prenuptial agreement, who should consider one, and how to get one.

What is a prenuptial agreement?

A prenuptial agreement, or ‘prenup’ for short, is an essential legal document that couples should consider when getting married. A prenup is an agreement between a couple that details how their assets and liabilities will be divided if they divorce. It can also outline the rights and responsibilities of each party during the marriage if they wish.

The advantages of having a prenuptial agreement

A prenup does several things for a couple considering marriage. First, it helps protect both parties’ assets in case of a divorce. The prenup helps to ensure that the couple’s assets are divided fairly.

Another benefit of having a prenuptial agreement is that it can help reduce the stress and conflict that can arise during a divorce. Having a prenup in place lets both parties know exactly what to expect if their marriage does not work out. This can reduce the time and money the couple would spend in court and make a divorce smoother for all involved.

A prenup can help to protect a partner’s assets, such as business interests, inheritances, and investments. This can be particularly beneficial if one partner has accumulated significant wealth before the marriage.

How to get a prenuptial agreement

In the UK, no procedures make a prenuptial agreement automatically legally binding. However, they are still relied on in court. They can be upheld in divorce proceedings if the below criteria are met:

  • Both parties have received legal advice, and the agreement meets their needs.
  • The prenuptial agreement must be fair, contractually valid, understood by both parties and made at least 28 days before the wedding.
  • Children should not be prejudiced.

How to discuss a prenup with your partner

Discussing a prenup with your partner can be a complex and sensitive subject. It’s essential to approach the subject openly and respect each other’s opinions. Be honest with your partner about why you think a prenup is necessary. Explain that both parties have certain rights and responsibilities and that a prenuptial agreement can help protect those in the event of a divorce.

Finally, it’s important to be open to negotiation. Both parties should be willing to compromise to come to an agreement that is fair for both parties. The agreement being fair is a condition for it to become legally binding.

Contact family solicitor Pippa Marshall today to find out more.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Completion and post-completion steps in a sale: Final steps for sellers
    A guide to completion and post completion steps in a corporate sale including exchange, stamp duty, Companies House filings and key administrative requirements.


    Read more
  • How to protect your brand: A beginner’s guide
    Trademark protection for businesses explained, including how to register a trademark in England and Wales and the key steps to protect your brand.


    Read more
  • Inheritance Act claims and letters of wishes: Managing risk in estate planning
    This article explains who can bring a claim, the strict time limits involved, and the risks for executors and beneficiaries. It also explores how a carefully drafted Letter of Wishes can provide valuable context, demonstrate intention, and help reduc


    Read more
  • Confusion as Companies House rolls out identity checks for directors 
    Company directors are being urged to familiarise themselves with new identity verification requirements being introduced by Companies House, as confusion is reported around how and when the checks must be completed.


    Read more
  • Transactional documents in a corporate sale: What sellers should know
    Once due diligence is complete and terms are agreed, the focus turns to negotiating the transactional documents that underpin a share or asset sale. This guide explains the purpose of the key documents involved in business acquisitions and why carefu


    Read more

What they say...

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

  • Prasanna Sooriakumaran, February 2026
    “Really good, especially at dealing with the company that tried to overplay their hand. I highly recommend.”

  • Sharla Munian, February 2026
    Outstanding Legal Support and a Brilliant Result “I cannot recommend RIAA Barker Gillette highly enough. My solicitor supported me throughout a very challenging property litigation matter, and thanks to her expertise, dedication, and strategic

  • Client, February 2026
    Very good service in disagreement with architect “RIAA assisted me in a conflict I had with my architect, who wanted to overcharge me. The end result was satisfactory, with invoices reasonable despite being slightly higher than expected!”

  • Sharla Munian, February 2026
    Outstanding Solicitor Who Delivered the Outcome I Hoped For “After a number of years navigating a complex financial settlement following my separation, my solicitor has been incredible from start to finish. Their professionalism, patience, and

Read more
Send this to a friend