by Laura Martin-Read
8 April 2026
Pre nuptial agreements were once viewed as unromantic or reserved for the wealthy and famous, but they are increasingly becoming a normal and responsible conversation ahead of marriage. Today, a pre nuptial agreement is less about pessimism and more about sensible, forward thinking financial planning for couples who want clarity and protection as they build their future together.
Why the increase in popularity?
The number of couples entering into pre nuptial agreements has risen steadily since the landmark case of Radmacher v Granatino in 2010 and the trend shows no sign of slowing.
People are marrying later in life. According to the ONS, the average age for a first marriage is now 31 for women and 33 for men, meaning individuals often bring significant pre acquired wealth into the relationship.
Many couples are also entering second (or third) marriages with property, pensions, businesses and children from previous relationships. These factors make financial arrangements more complex and increase the need for clarity.
For high net worth individuals and business owners, the desire to protect assets, maintain stability, and avoid future disputes is stronger than ever. A nuptial agreement can provide reassurance, reduce uncertainty, and encourage open conversations about finances; something that can strengthen trust in the long term.
What is a pre-nuptial agreement (and post-nuptial agreement)?
A pre-nuptial agreement is a legally drafted contract entered into before marriage. A post-nuptial agreement serves a similar purpose but can be entered into at any time after the wedding.
Both documents set out how assets should be dealt with in the event of a divorce. They can also address maintenance, debt and other financial arrangements. Crucially, a well drafted nuptial agreement can protect business interests, inherited wealth and family assets intended to pass to future generations.
Are they legally binding?
Not automatically in England and Wales. The court retains discretion when deciding whether to uphold a nuptial agreement, but it is increasingly likely to do so where the agreement meets the legal criteria.
The Radmacher decision established that courts should uphold agreements that are:
- freely entered into
- made with a full appreciation of the implications
- fair
What does that mean in practice?
Voluntary agreement: There must be no pressure or duress. Timing is critical — the agreement should be finalised at least 28 days before the wedding. If that is not possible, a post‑nuptial agreement may be advisable.
Full financial disclosure: Both parties must exchange clear and honest financial information, including assets, pensions, debts, income, and inheritance prospects. Each must also receive independent legal advice.
Fairness: The agreement must meet each party’s reasonable needs, taking into account the length of the marriage and the needs of any children. An agreement that leaves one party unable to meet their needs is unlikely to be upheld.
Even if an agreement is not upheld in full, it may still carry significant weight and help ring‑fence assets such as businesses, inherited wealth, or family‑owned property.
So, when are pre-nuptial agreements advisable?
Couples often consider a nuptial agreement where:
- There are children from previous relationships
- One or both partners have significant wealth
- There is a disparity in earning capacity
- A family business or generational wealth needs protection
- A business is being transferred to the next generation
Reviewing a nuptial agreement
A nuptial agreement should be reviewed approximately every five years, or sooner if circumstances change. While a failure to review does not automatically invalidate the agreement, regular updates help ensure it remains fair, relevant, and robust.
Protecting Your Wealth, Your Business, and Your Future
If you are planning a wedding or are already married and anticipate changes to your financial circumstances, our specialist family law experts can help you put the right protections in place. Whether you are a business owner, a beneficiary of family wealth, or entering a blended family, we can guide you through the process with clarity and discretion.
It is never too early, or too late, to future‑proof your financial position.
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