Marriage is not just a romantic commitment—it’s a legal and financial partnership. While discussing a prenuptial agreement may seem unromantic, avoiding the topic altogether can lead to serious consequences down the line, especially for individuals with substantial assets or property interests.
This guide explores the risks of marriage without a prenup in the UK and why having a well-structured agreement in place can protect your future and reduce uncertainty, particularly during a divorce.
In England and Wales, marital assets are subject to ‘equal sharing’ principles in the event of divorce, regardless of who originally owned them. Unless you have a prenuptial agreement in place, a judge may divide assets based on fairness and needs—which can result in substantial redistribution.
Without a prenup, assets owned before marriage—such as real estate, businesses, or savings—may be considered part of the marital pot, especially if they become intermingled with joint finances or used for shared purposes.
Example: A property bought five years before marriage could be up for division if it's used as the family home or refinanced jointly.
Inheritance received before or during the marriage can also be divided, particularly if it’s used to purchase joint assets or improve shared property. Without a prenup, family wealth passed down for generations may be at risk.
If one party owns a business, it could be partially awarded to the other spouse upon divorce. This may lead to:
Sale or division of shares
Loss of control
Financial strain on business operations
A prenup can shield business assets and prevent disruption to ongoing ventures.
In the absence of a prenup, couples must rely on court intervention to divide assets. This often results in:
Lengthy litigation
High legal costs
Emotional stress
A prenup provides clarity, streamlining divorce proceedings and reducing the chance of contentious disputes.
Without a prenup, there is no pre-defined limit on spousal maintenance. Courts have broad discretion to determine:
Duration of support
Amount payable
Adjustments based on lifestyle, needs, and sacrifices made during marriage
A prenup allows couples to agree on maintenance terms in advance.
For those with children from earlier relationships, failure to secure assets with a prenup can jeopardise future inheritance plans, as courts may reallocate resources to the current spouse.
A prenup can help ring-fence certain assets for children and ensure your intentions are upheld.
High-net-worth individuals
Property investors or owners
Business owners and entrepreneurs
People with inheritance or trusts
Individuals with children from previous marriages
Those entering second or later marriages
At Fraser Bond, we understand the value of your investments—especially in London's high-value property market. For clients entering marriage, we work alongside top family law professionals to ensure your property, business, and legacy are fully protected.
Our team offers:
Real estate portfolio reviews in preparation for marriage
Referrals to solicitors for bespoke prenuptial agreements
Strategic advice on asset structuring and risk mitigation
Marriage without a prenup can expose your assets, business, and family wealth to legal uncertainty and financial loss. While it’s never too late to protect your interests, having a prenup from the outset offers clarity, fairness, and peace of mind.
Fraser Bond supports clients at every stage of their financial and personal journey. Whether you’re planning your first marriage or protecting wealth in a second, our team ensures your property is secure and your future safeguarded.
