Lack of Prenup in the UK

According to Co-op Legal Services, nearly one in five couples in the UK (18%) now consider signing a prenuptial agreement before getting married or entering a civil partnership. However, that still means that the vast majority of couples are not considering a prenup, leaving many financially exposed if the relationship ends. Without a prenuptial agreement in place, financial matters, assets, and property are left to be determined by the courts, often leading to uncertainty and costly legal disputes.

Understanding What a Prenup Is?

A prenuptial agreement (often shortened to “prenup”) is a formal legal agreement signed by two people before they marry. It sets out what should happen to their assets, finances, and property if the relationship ends in divorce or separation.

Though once associated with celebrities and high-net worth individuals, prenups are now increasingly used by people from all walks of life. Wether you already own property, are bringing children into a new relationship, or expect to receive an inheritance, a prenup allows both partners to agree on fair arrangements upfront- before any conflict or emotion might cloud the picture.

Why Couples Choose to Have a Prenup

There’s no one-size-fits-all reason to have a prenup. Every relationship is different, and so are the circumstances behind the decision to put one in place. Some common reasons include:

• One or both partners own property or significant savings
• A desire to protect the family inheritance
• One partner has business interests they’d like to keep separate
• Children from previous relationships and a wish to protect their financial future
• A significant difference in income or debts

Ultimately, it’s about peace of mind. A prenup gives both people a clear understanding of what happens financially if things don’t work out. That clarity helps prevent stress, disputes, or financial hardship down the line.

What a Prenup Can Help Prevent

In the absence of a prenuptial agreement, the division of finances during a divorce is left to the discretion of the courts, potentially leading to outcomes that neither partner anticipated or considers fair.

A well-prepared Prenup can:

• Ring-fence certain assets, such as property you owned before the relationship
• Reduce the risk of lengthy legal disputes, saving time, money, and emotional strain
• Protect children’s inheritance or family contributions (e.g., a gifted deposit for a house)
• Clarify financial responsibilities, including how debts are handled
• Strengthen communication, encouraging honest discussion about money early on

It’s important to note that prenups can’t decide issues around child arrangements or maintenance – that’s always decided in the child’s best interest at the time – but they can cover almost every other financial aspect of the relationship.

Why it Shouldn’t Feel Awkward

Many people feel unsure about how to bring up the idea of a prenup with their partner. They worry it might sound like a lack of trust or belief in the relationship. But the process of creating a prenup can actually bring couples closer.

Talking about finances openly is a powerful and healthy step before marriage. It allows each person to express what matters to them, understand each other’s concerns, and agree on what’s fair, before any disagreements arise. With the right support and tone, the conversation can be empowering, not uncomfortable.

Handled professionally and respectfully, a prenup can be part of planning your life together, not just a safeguard in case things go wrong.

How can we help?

At Best Solicitors, we make the prenuptial agreement process clear and straightforward. You’ll work with a member of our Family Law team – led by Sarah Neal, a specialist in this area – who will guide you through each step with sensitivity and care.

This process typically includes:

• An initial conversation about your needs and goals
• Drafting a personalised agreement that reflects your situation
• Ensuring both parties receive independent legal advice
• Signing the agreement well in advance of your wedding

It’s essential that the agreement is fair, transparent, and entered into willingly by both sides. When those conditions are met, courts in England and Wales are increasingly willing to uphold prenups.