When couples marry, their financial lives often become intertwined — especially when it comes to acquiring property. But what happens when a couple purchases property after getting married? Can a prenuptial agreement (prenup) still protect or define how that property is handled?
The answer is yes — a well-drafted prenup can clearly define how property acquired during the marriage is to be treated, reducing uncertainty and preventing future disputes. In this guide, we explore how to handle post-marriage property acquisitions in a prenup, and how Fraser Bond helps clients structure and secure real estate investments throughout the marriage.
Yes. A prenup can include clauses that outline how any future property — including homes, investments, or development projects — will be treated, regardless of when it's acquired. This is critical for:
Business owners anticipating future expansion
Investors planning joint or solo acquisitions
Couples who intend to purchase property but want to retain individual rights
Without specific clauses in a prenup:
All property acquired during the marriage may be classified as matrimonial property
Courts may divide such assets based on fairness, not contribution
Ownership disputes can arise if titles or financial roles are not clearly documented
By addressing property acquired after marriage in a prenup, you gain legal clarity and strategic control over asset division in the event of divorce.
A new family home or shared residence
Buy-to-let properties or investment flats
Land for development or agricultural purposes
Commercial real estate for business use
Inherited property subsequently developed or purchased with joint funds
International or holiday homes
“Any property acquired by either party during the marriage shall remain the sole and separate property of the purchasing party unless jointly titled or agreed otherwise in writing.”
“In the event of joint acquisition, ownership shares shall reflect each party’s financial contribution, as documented by legal agreements and bank records.”
“Rental income, appreciation, and proceeds from any property acquired post-marriage shall follow the ownership structure agreed at the time of purchase.”
“Property acquired for business or investment purposes using business income shall not form part of the marital estate unless agreed in writing.”
If a couple plans to grow their real estate portfolio during the marriage:
A clear record of contributions should be kept
Ownership structures (e.g. SPV, trust, sole title) must reflect the prenup’s terms
Joint ownership must be explicitly defined, especially for equity shares
Fraser Bond can provide third-party valuations and documentation to support enforceability
Fraser Bond works with private clients, legal advisors, and family offices to manage property ownership within prenups — before, during, and after marriage. Our services include:
Independent valuations for new or future property acquisitions
Contribution tracking and ownership documentation
Strategic structuring advice (sole title, joint, trust, SPV)
Asset mapping and reporting to support prenup negotiations and drafting
Our expertise ensures real estate assets acquired post-marriage are clearly structured, legally documented, and protected in accordance with the couple’s intentions.
Property acquired during marriage is one of the most contested asset classes during divorce — especially without prior planning. A prenup that includes future property clauses provides clarity, security, and fairness for both parties.
Fraser Bond helps you protect every property you own or plan to acquire — with expert-backed valuations, ownership strategies, and legal alignment that safeguard your long-term interests.
