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.
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.