As family lawyers, we often hear the phrase, “Do I really need a pre-nup?” The answer, increasingly, is yes—and not just for the ultra-wealthy. Pre-nuptial agreements (PNAs) are becoming a vital tool for couples who want clarity, fairness, and peace of mind before tying the knot.
Here are five compelling reasons why you should consider entering into a pre-nuptial agreement:
1. Protecting personal and family wealth
Whether it’s an inheritance, a business, or savings built up before the relationship, a pre-nup allows you to “ring-fence” assets that you wish to keep separate. This is especially important, for example, in second marriages or where family wealth is involved. Courts in England and Wales increasingly respect the autonomy of individuals to make financial arrangements, provided they are fair and provided both parties enter the agreement on an even footing.
2. Reducing conflict and legal costs in the event of divorce
Divorce can be emotionally and financially draining. A well-drafted pre-nup can significantly reduce the scope for disputes, saving both parties time, stress, and legal fees. It provides a roadmap for asset division, helping avoid lengthy litigation (and hefty costs!).
3. Clarifying financial expectations
A pre-nup encourages open and honest conversations about finances before marriage. It sets out how assets, debts, and income will be treated, helping couples align expectations and avoid misunderstandings later on.
4. Tailoring arrangements to suit your relationship
Every relationship is unique. A pre-nup allows couples to create bespoke arrangements that reflect their values and priorities—whether that’s financially protecting children from previous relationships, safeguarding a business, or agreeing on how future property will be owned.
5. Reflecting modern attitudes towards marriage
The stereotype that pre-nups are only for the super-rich is outdated. Courts have recognised that these agreements are suitable for a wide range of couples, with assets ranging from modest to substantial. Pre-nups offer a practical way to plan for the future.
Comment
Whilst pre-nuptial agreements are not automatically binding in England and Wales, the landmark case of Radmacher v Granatino confirmed that the Court will generally uphold them if they are entered into freely, with full understanding, transparency regarding finances and legal advice.
If you’re considering a pre-nup or want to learn more about how it could benefit you, Nelsons’ Family Team is here to help.
How can we help?
Alexandra Wood is a Senior Associate in our Family Law team. Her expertise includes complex children matters, domestic abuse, and financial matters.
At Nelsons, we have a dedicated team of experts who can give specialist advice and representation. If you need advice on any related matters, please contact Alexandra or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
Alexandra or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide along with details of our hourly rates and fixed fee services.
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