A prenuptial agreement (prenup) is a smart and proactive step for couples entering marriage—especially when there are significant assets, prior obligations, or business interests involved. While it's often associated with wealth protection, a well-drafted prenup can help both parties clarify expectations, prevent future disputes, and build a financially transparent foundation for the marriage.
This guide outlines the key elements to include in a marriage prenup in the UK and why each clause matters, particularly for those with complex financial circumstances or substantial property assets.
Clearly define which assets are owned by each partner before the marriage. This includes:
Real estate (e.g., primary residence, investment properties)
Personal savings and investments
Inheritance and family wealth
Business interests
Personal belongings of significant value (art, cars, jewellery)
Identify all existing debts and assign responsibility for repayment. This prevents one party from being unfairly liable for the other’s obligations.
Agree on how household expenses will be managed:
Will there be a joint account?
Who is responsible for what type of spending?
How will financial decisions be made?
Decide whether either party will be entitled to spousal maintenance (alimony) if the marriage ends. Include:
Conditions for spousal support
Duration and amount
Waiver of claims, if mutually agreed
Specify how assets acquired during the marriage will be treated:
Will they be considered marital or separate property?
How should they be divided?
Include clauses that clarify intentions for inheritance rights, particularly when children from previous relationships are involved.
Outline financial responsibilities or protections for children from prior unions, such as:
Trust arrangements
Education funds
Housing provisions
Define how future gifts or inheritance should be treated—especially important if large family wealth is expected.
Establish how jointly owned property and accounts will be divided. Specify ownership percentages and division methods.
Include a clause that encourages or requires periodic review (e.g., every 5 years or upon major life events) to ensure the agreement remains relevant.
Pet custody
Private schooling or education fund contributions
Lifestyle clauses (e.g., social media use, financial transparency)
Dispute resolution clause (e.g., mediation before litigation)
To increase enforceability, ensure that:
Both parties have independent legal advice
There is full financial disclosure
The agreement is signed at least 28 days before the wedding
Both parties enter into it freely and voluntarily
At Fraser Bond, we understand the critical intersection between marriage and real estate. For couples with property portfolios or significant assets in London and across the UK, we can help you prepare for marriage with confidence. Through trusted legal partnerships, we ensure you receive bespoke advice and protection for your real estate and financial interests.
Whether you're a property investor, business owner, or inheritor of wealth, Fraser Bond can guide you through safeguarding what matters most.
A prenuptial agreement should be tailored, clear, and comprehensive. It’s not about mistrust—it’s about transparency, preparation, and mutual respect. By including key clauses and following legal best practices, you can ensure your marriage starts with confidence and clarity.
To explore how to align your prenup with your property interests, reach out to Fraser Bond today.
