Before the Wedding Bands: What Every Couple Should Know About Prenuptial Agreements

If you mention prenuptial agreements at a dinner party, the conversation tends to split in two. Some people assume they are only for footballers and lottery winners. Others see them as unromantic — a plan for failure before the marriage has even begun.

In our experience at Alan Curtis Legal, both views miss the point. Prenuptial agreements are increasingly ordinary documents, signed by couples buying their first home together, protecting a small business, or entering a second marriage with children from a previous relationship. And while they are not automatically binding in England and Wales, the courts now give them very significant weight — provided they are prepared properly.

Why the Law Changed

For most of the twentieth century, a prenup was worth little more than the paper it was written on. That changed with the Supreme Court's decision in Radmacher v Granatino (2010), where the judges held that a court should give effect to a prenuptial agreement unless, in the circumstances, it would not be fair to do so.

What does that mean in practice? It means that if an agreement is well drafted, freely entered into, and leaves both parties with their needs met, a family court is highly likely to follow it. It is not a guarantee — but it is a very strong starting position, and a world away from the uncertainty couples faced a generation ago.

Who Really Needs One?

You do not need to be wealthy for a prenup to make sense. The couples who come to see us most often fall into a few familiar groups:

• Second marriages. Someone marrying later in life often wants to ensure that children from a first marriage inherit what they were always promised. A prenup can ring-fence those arrangements.
• Inherited wealth or expected inheritances. An agreement can protect a family farm, a house inherited from parents, or money you anticipate receiving in the future.
• Business owners. If you have built a company — even a modest one — a prenup can prevent a divorce from forcing a sale or disruption of the business.
• Couples where one person is bringing significantly more to the table. A deposit for a house, savings, or pension provision built up before the marriage.
• Anyone who wants certainty. Some couples simply prefer to agree things now, calmly, rather than leave it to a court later.

What Makes an Agreement Watertight

A prenup will only carry real weight if certain safeguards are in place. Before signing, make sure your agreement satisfies this checklist:

1. It is a deed, properly drafted. DIY templates downloaded from the internet rarely survive scrutiny. The agreement must be formally executed and clearly worded.
2. Both parties received independent legal advice. Each of you should have your own solicitor. An agreement signed without advice is far easier to challenge.
3. There is full financial disclosure. Both parties must have an honest picture of each other's assets, income and liabilities. Hidden assets undermine everything.
4. It was signed at least 28 days before the wedding. This is the guidance period set by the Law Commission. Signing the night before the hen do is asking for trouble.
5. Neither party was pressured. There must be no undue influence — and critically, the agreement must not leave one spouse unable to meet their needs or those of any children. A court will not uphold an agreement that leaves one person destitute.
6. It is reviewed after major life events. The arrival of children, a business sale, or a large inheritance are all good moments to update the agreement. Many couples build in a review clause.

What About Postnups?

If you are already married, all is not lost. A postnuptial agreement — signed after the wedding — is treated much the same way by the courts. Couples often put one in place after a rocky patch, following a significant financial change, or simply because they never got round to the prenup. The same principles apply: disclosure, independent advice, and fairness.

A Difficult Conversation Worth Having

We will not pretend that raising a prenup is easy. But most couples find the conversation is far less painful than they feared. Framed properly, it is not a bet on divorce — it is an exercise in honesty, and often the first genuinely detailed financial conversation a couple has.

If you are planning to marry and want to understand whether a prenuptial agreement would be right for you, we are happy to talk it through in plain English, with no jargon and no pressure.

This article is general information only and does not constitute legal advice. Please contact Alan Curtis Legal for advice on your specific circumstances.