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In 2025, more couples in the UK are choosing to start their married lives with a prenuptial agreement in place. Once thought of as something only for the ultra-wealthy, prenups are now widely viewed as a responsible and respectful way to protect individual and family interests — particularly for those entering marriage later in life, owning a business, or bringing children from a previous relationship.
At Waely Law, we help couples have clear and constructive conversations about their future. A prenuptial agreement isn’t about mistrust, it’s about ensuring clarity, fairness, and peace of mind for both parties.
What Is a Prenuptial Agreement?
A prenuptial agreement (or “prenup”) is a legal document created before marriage. It outlines how assets, property, income, and debt should be divided if the relationship ends, whether through separation, divorce, or death.
While prenups are not automatically legally binding in the UK, they are increasingly given significant weight by the courts if they are prepared and executed correctly.
Are Prenups Legally Binding in the UK?
Although the UK does not currently have legislation that makes prenuptial agreements legally binding in the same way as other contracts, courts are likely to uphold a prenup if:
- The agreement was freely entered into by both parties
- Both parties received independent legal advice
- Full financial disclosure was made
- The agreement was signed at least 28 days before the wedding
- The terms are fair and meet the reasonable needs of both parties and any children
Prenups are not designed to override fairness, the court retains discretion but a well-drafted agreement can strongly influence how financial matters are settled in the future.
Who Should Consider a Prenup?
A prenuptial agreement is worth considering if any of the following apply:
- You own a business, property, or investments
- One or both of you are bringing significant assets into the marriage
- You expect to inherit family wealth in the future
- It is your second marriage, or you are marrying later in life
- You have children from a previous relationship and want to protect their interests
- You wish to preserve gifts or contributions from your family
A prenup helps prevent uncertainty, disagreement, and lengthy proceedings should your relationship come to an end.
Benefits of a Prenuptial Agreement
Many couples find that entering a prenup provides reassurance and structure. The main benefits include:
- Clarifying expectations from the outset of the marriage
- Protecting individual or family-owned assets
- Helping preserve inheritance or business interests
- Reducing conflict and legal costs in the event of separation
- Offering greater certainty and control over future financial decisions
- Supporting blended families by safeguarding children’s inheritance
When and How to Put One in Place
It’s important to begin the process early. We recommend discussing a prenuptial agreement several months before the wedding to allow time for thoughtful drafting, negotiation, and independent legal advice.
At Waely Law, we guide couples through every step with sensitivity and professionalism. We:
- Provide confidential, clear legal advice for each party
- Draft bespoke agreements that reflect your specific circumstances
- Help protect your financial future while respecting your relationship
Our Approach at Waely Law
We understand that these conversations can feel delicate. That’s why we approach each prenuptial agreement with a balance of professionalism and compassion. Whether you need a straightforward agreement or something more complex, we’ll ensure your interests are protected and that the process is handled with care and respect for both parties.
Frequently Asked Questions
1. Do we both need a solicitor for a prenup?
Yes. For the agreement to be considered by the court, both parties must receive independent legal advice. This helps ensure the agreement is fair and entered into freely.
2. How long before the wedding should we sign a prenup?
Ideally, the prenup should be signed at least 28 days before the wedding. Last-minute agreements may not carry the same weight in court.
3. Can we change the prenup after we’re married?
Yes. You can amend the terms through a postnuptial agreement, which functions similarly but is created after marriage.
4. Can a prenup cover child arrangements or maintenance?
No. Child arrangements must be determined based on the best interests of the child at the time of separation and are not usually included in prenups.
5. What happens if we separate but didn’t follow the prenup exactly?
Courts will still review the fairness of the agreement and consider current circumstances. A prenup that no longer meets both parties’ needs may be set aside.
6. Is it expensive to draft a prenup?
Costs depend on complexity, but Waely Law offers transparent pricing and bespoke solutions to meet a range of needs.
7. Will a prenup stop my partner from claiming anything in future?
Not entirely. Courts can override unfair terms. However, a well-drafted agreement will carry significant weight and provide a strong framework for negotiation.
8. What makes a prenup more likely to be upheld by the court?
Fairness, clarity, full financial disclosure, independent advice, and proper timing are key factors in making a prenup influential in any future proceedings.
Take Control of Your Future — Together
A prenuptial agreement is not a sign of doubt, it’s a sign of planning. At Waely Law, we help you start your marriage with clarity and security, giving both parties the confidence that their interests are respected.
🔹 Contact us today to speak confidentially with one of our family solicitors about putting a prenuptial agreement in place.
