A strong prenuptial agreement is clear, fair and built on honesty. Below is what most couples in England & Wales should think about including.
1. Property and the family home
Set out any property each partner already owns and how it should be treated. The family home often needs special thought, because it can be both an asset and the place where a partner — or children — need to live.
2. Savings, investments and pensions
List significant savings and investments, and don't overlook pensions, which are frequently among the most valuable assets a couple has. Recording a pension's cash-equivalent value helps make disclosure meaningful.
3. Business interests
If either partner owns or part-owns a business, a prenup can help keep that business separate so it is protected from disruption if the marriage ends.
4. Debts
Be clear about debts each partner brings in — mortgages, loans, credit cards — and who remains responsible for them.
5. Inheritances and gifts
Money or property received from family is often something couples want to ring-fence. A prenup can record that inheritances and gifts stay with the partner who received them.
6. How assets are shared, maintenance and death
Decide whether assets built up during the marriage are shared, set out any approach to spousal maintenance, and consider what should happen on death. Sensible agreements also include a review clause — for example, to revisit the terms if you have children.
The foundation: full and frank disclosure
None of this works without full and frank financial disclosure. Each partner should set out their finances honestly in a schedule attached to the agreement; hiding assets is one of the surest ways to have a prenup set aside later.
What a prenup cannot do
It cannot pre-determine arrangements or maintenance for children, and it cannot leave a partner in real need — a court will always protect both. See are prenups legally binding? for more.
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.