Key Questions to Consider Before Entering into a Prenuptial Agreement

A prenuptial agreement is not only about protecting what you own before marriage (any reference to marriage includes a civil partnership in this article). It is also an opportunity to consider how your finances may be treated as your circumstances change, and what would happen if the marriage or civil partnership broke down.

If you are considering a prenup, there are several important questions to think about before instructing a solicitor. Addressing these issues early can help you understand your options and ensure the agreement reflects your priorities.

Six key questions to ask before signing a Prenuptial Agreement

1. What should happen to assets we owned before the marriage?

You may wish to protect property, savings, investments or inheritances acquired before marriage. In the absence of a nuptial agreement, these assets are not automatically excluded from a financial settlement on divorce. The court may take them into account, particularly where they are needed to meet either party’s financial needs.

2. How should assets acquired during the marriage be divided?

Consider how savings, property and other wealth accumulated during the marriage should be divided if you separate. You may also have a business interest or expect to receive an inheritance that you wish to protect.
It is equally important to consider how your financial agreements might be affected if one partner takes a career break or assumes greater childcare responsibilities. An agreement should account for the possibility that your financial circumstances may change significantly over time.

3. What about the family home and pensions?

Pensions are often overlooked when considering a prenuptial agreement, despite potentially being among a couple’s most valuable asset. Addressing pensions early can help clarify your intentions and ensure that future financial security is not ignored.

4. What happens if we have children?

Having children can significantly change a couple’s financial circumstances. One partner may reduce their working hours or leave employment to care for the family, affecting their income and long-term earning capacity.
A prenup cannot override a child’s needs. The court will always prioritise this regardless of what the agreement says. However, it is worth discussing in advance whether provision should change if children arrive: should ring-fenced assets stay protected, or should some allowance be built in to reflect caring responsibilities and reduced earning capacity?

5. Should the agreement be reviewed over time?

Your circumstances when you marry may look very different several years later. Career progression, inheritance, illness or change in family responsibilities can all affect whether the original terms remain appropriate.
A review clause can provide an opportunity to reconsider the agreement following significant life events. However, a review does not automatically change its terms. Any amendments should be made with appropriate legal advice.

6. Are you both ready?

Both parties should understand the agreement, provide full financial disclosure and have sufficient time to consider the proposed terms without pressure. Independent legal advice is strongly recommended to ensure that each person understands the implications of signing.

Planning Ahead

A prenuptial agreement is an opportunity to have open and practical conversations about your financial future before getting married. While it cannot guarantee a particular outcome if the relationship beaks down, a carefully prepared agreement can help clarify expectations and provide greater certainty for both parties.

Taking legal advice early can ensure that your agreement reflects your circumstances, consider potential changes in the future and gives both parties a clear understanding of their position.

Considering a prenuptial agreement? Our specialist family law solicitors can provide clear, tailored advice to help you protect your interests and plan for the future. Contact our team today on 0330 822 3451 or request a callback at a convenient time.