Do you need a prenup? There is a stubborn myth that prenuptial agreements are only for the rich or the famous — but in reality a prenup is simply a way for any couple to be clear and fair with each other about money before they marry. You may not strictly need one, but for a great many couples it is a sensible, even obvious, step. This guide runs through the situations where a prenup is well worth considering, the cases where it matters less, and how to decide for your own circumstances.
Quick guide: should you consider a prenup?
You should seriously consider a prenup if you can say "yes" to any of the following. Each links to a fuller guide for your situation:
- One of you owns a home or other property.
- One of you owns a business or professional practice.
- This is a second (or later) marriage, or there are children from before.
- There is a significant gap in income or wealth.
- You expect an inheritance or have significant debt.
- One of you will be a stay-at-home parent, giving up income for the family.
You own a property or are buying one together
Property is usually a couple's largest asset, so it is the most common reason to make a prenup. If one partner owns a home, or you are buying together and pooling deposits unequally, a prenup can record how that property — and each person's contribution — should be treated. See protecting a property with a prenup.
One of you owns a business
A business is often someone's livelihood, and it may involve co-founders, staff or investors. A divorce can force a valuation, a payout or disruption to the company. A prenup can help protect a business by ring-fencing it as separate property and setting out how its growth is treated.
This is a second marriage, or you have children from before
Second marriages and blended families are among the strongest cases for a prenup. Couples often want to protect assets intended for children from an earlier relationship while still providing fairly for a new spouse — a balance a prenup, working alongside an up-to-date will, is ideally suited to strike.
There is a significant difference in wealth or income
Where one partner earns much more, or there is significant wealth involved, a prenup lets both people enter the marriage knowing exactly where they stand — which can remove suspicion on both sides rather than create it.
You expect an inheritance, or are bringing in debt
A prenup can ring-fence family inheritances (including inheritances still to come) and make clear who is responsible for debts brought into the marriage, so one partner is not exposed to the other's borrowing.
Particular situations worth a closer look
Some circumstances have their own considerations — for example farming families, the self-employed, expats and international couples, later-life marriages, and same-sex couples. If one of those is you, the linked guide covers what to weigh up.
It's really about clarity and fairness
Far from being unromantic, making a prenup is a conversation about your finances and your future together — and getting that clarity in writing can give both partners peace of mind. Many couples find the conversation itself valuable, whatever they decide. If you go ahead, our guide to what to include in a prenuptial agreement is a good next step.
When might you not need a prenup?
If you are both young, have few assets, no business or expected inheritance, and similar finances, a prenup is less essential — though even then it can set a fair framework as your wealth grows, and a review clause lets you revisit it. There is no harm in the conversation; the worst outcome is usually simply deciding you do not need one yet. And if the wedding is already very close, a postnuptial agreement made calmly after the day may be the better route.
The legal reason a prenup matters in each of those situations
Each situation on the list corresponds to a rule that applies whether or not you have an agreement, and a prenup is the way to shape it in advance. Property owned before the marriage starts as non-matrimonial, but the family home is the exception: the courts treat it as matrimonial property even where one partner brought it in, and section 30 of the Family Law Act 1996 gives the non-owning spouse home rights in it from the wedding day. A prenup protects the deposit or pre-marital equity while housing the family fairly, which is what a court will respect. A business is exposed to the court's powers under section 24 of the Matrimonial Causes Act 1973 to transfer shares and under section 24A to order a sale; the agreement is how you record that the business was yours before the marriage and how its growth is to be treated.
Second marriages engage three rules at once. Section 18 of the Wills Act 1837 revokes your existing will on marriage, so the will that provides for your children is cancelled by the wedding. Section 28 of the Matrimonial Causes Act 1973 ends any maintenance you receive from a former spouse when you remarry. And under section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 your new spouse acquires the right to claim reasonable financial provision from your estate whatever your new will says. A prenup, made alongside new wills, is how a couple record what is for whose children while providing fairly for each other.
A gap in wealth or income is addressed by section 25 of the Matrimonial Causes Act 1973, which directs the court to consider each party's income, earning capacity, needs and contributions, and by section 23, which allows maintenance from one spouse to the other. An agreement cannot exclude maintenance, because section 34 makes void any term that tries to stop either spouse applying to the court, but it can set an agreed level and term that the court will usually adopt if it leaves the lower earner's reasonable needs met. Inheritances, gifts and debts turn on the distinction the Supreme Court confirmed in Standish v Standish: the sharing principle applies to matrimonial property and not to what each of you brought in or received from family, unless you later treat it as shared, and a prenup that records those assets and debts is the clearest evidence of which is which.
What you are relying on without one
Without an agreement, every one of those questions is decided by the court's discretion under section 25, applied to the facts as they stand at the divorce. With one, the court applies the test from Radmacher v Granatino: an agreement freely entered into by each party with a full appreciation of its implications will be given effect unless it would be unfair to hold the parties to it. That is the difference between an outcome you chose together and one a judge chooses for you.
Do you need a prenup? FAQs
Do you legally need a prenup to get married?
No — a prenup is entirely optional. It is a planning tool, not a requirement.
Do you need a prenup if you are not wealthy?
Often yes — protecting a home, a pension, a business or an inheritance matters at any level of wealth, and a prenup adds certainty for both partners.
Do you need a prenup for a second marriage?
It is one of the strongest cases for one, especially to protect children from a previous relationship (see prenups for second marriages).
Do young couples need a prenup?
Less often, but it can still make sense if one of you owns property, a business or expects an inheritance (see do young couples need a prenup?).
What happens if we don't get a prenup?
Your finances would be divided by the court under the usual law if you divorced, with no agreement to guide it (see what happens without a prenup?).
Create your prenuptial agreement online
UK Prenup lets couples in England & Wales create a clear, fair prenuptial agreement online from £199, with your document generated instantly as a PDF. See how it works or get started.
UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.