In the context of marriage and modern wealth planning, property clauses within prenuptial agreements (prenups) are among the most critical components for safeguarding real estate assets. Whether you're entering a marriage with a primary residence, a buy-to-let portfolio, or inherited land, it’s essential to define property rights and expectations clearly.
This guide explains what a prenup property clause is, why it matters, and how Fraser Bond supports property owners with the real estate expertise needed to draft strong, enforceable clauses in collaboration with legal professionals.
A prenup property clause is a section within a prenuptial agreement that explicitly sets out how property will be treated in the event of divorce, separation, or death.
It can address:
Ownership rights
Division of proceeds upon sale
Mortgage responsibilities
Access or occupancy rights
Future purchases or property income
These clauses are particularly important for:
Individuals entering marriage with property already owned
Couples investing in property together
Landlords or developers with significant real estate assets
Specifies that any property acquired before the marriage remains separate, including appreciation and rental income.
Example:
“The property located at [address], owned solely by [Party A] before the date of marriage, shall remain the separate property of [Party A], including any increase in value or rental income derived.”
Outlines how the primary residence will be treated, especially if titled in one name but used by both parties.
Example:
“Regardless of title, the matrimonial home at [address] shall be sold and proceeds divided 60/40 between [Party A] and [Party B] upon separation, unless agreed otherwise.”
Distinguishes rental or commercial properties from shared marital assets.
Example:
“All rental properties owned by [Party A], individually or through a corporate structure, shall remain their sole and separate property.”
Addresses properties acquired jointly or individually after marriage.
Example:
“Any property purchased jointly during the marriage shall be owned equally unless otherwise specified in title deeds or agreed in writing.”
Specifies who can remain in or sell the property, and under what conditions.
Without specific clauses, property may be deemed matrimonial and subject to division based on fairness, not ownership. Clear prenup property clauses help:
Prevent disputes
Protect inheritance
Define financial roles
Support long-term wealth planning
Protect business-linked or investment assets
While legal counsel is essential for drafting prenups, Fraser Bond plays a key advisory role in ensuring your property assets are:
Accurately valued
Properly structured (e.g., individual, joint, or corporate)
Matched with appropriate clause language
Documented in line with HM Land Registry and market benchmarks
Our services include:
Independent property valuations (pre- and post-marriage)
Asset reporting for disclosure obligations
Portfolio segmentation for inclusion or exclusion in prenups
Strategic advice on how property rights should be protected
A prenup property clause isn’t just a legal formality — it’s a proactive tool for securing your property and real estate investments. Whether you're entering a marriage with assets or planning to acquire property together, well-drafted clauses can save stress, legal disputes, and financial losses in the future.
Fraser Bond offers the valuation, structuring, and property guidance needed to ensure your real estate is properly protected in every marital agreement.
