When couples begin planning their wedding, practical questions often sit alongside the excitement. One of the most common is: Do we need a prenup?
A pre-nuptial agreement, often called a prenup, is a legal agreement entered into before marriage that sets out how assets, income and debts would be treated if you were to divorce. While prenups were once seen as something only used by the very wealthy, they are now increasingly considered by couples who want clarity, openness and peace of mind as they plan their future together.
This guide answers the questions couples most often search for, based on family law in England and Wales.
What is a prenup?
In simple terms, a prenup is an agreement entered into before marriage that records what each partner owns at the start and explains how finances would be dealt with if the relationship ended. This can include property, savings, businesses, pensions, debts, and how gifts or inheritance would be treated.
Rather than planning for the worst, many couples see a prenup as a way to have open and honest conversations about money early on, helping to avoid uncertainty later.
Are prenups legally binding in the UK?
In England and Wales, prenups are not automatically legally binding. However, they can still carry significant weight in the Family Court if they are prepared properly and remain fair.
Courts are more likely to take a prenup into account where:
- both partners entered into the agreement freely
- there was full financial disclosure
- each partner received independent legal advice
- the agreement was signed well in advance of the wedding
- the terms continue to meet both partners' needs
Even with a prenup in place, the court has the final say and will always consider fairness, particularly where children are involved.
Who typically considers a prenup?
Prenups are now used by a wide range of couples and for many different reasons. You may start thinking about a prenup if:
- one or both of you own property, savings or investments
- there are family gifts or inheritance you would like to protect
- you are marrying later in life or after a previous marriage
- one of you owns or is building a business
For most couples, the decision is practical rather than pessimistic.
What does a prenup usually cover?
A prenup can be shaped around your circumstances. Some couples keep it simple, while others prefer to go into more detail.
A prenup may cover:
- assets owned before marriage
- property, savings and investments
- businesses or professional interests
- pensions and valuable items
- debts and liabilities
- how gifts or inheritance should be treated
There are limits to what a prenup can do. It can't make binding decisions about children, and it can't stop the court stepping in if circumstances change and the agreement no longer meets both partners' needs.
When should we start discussing a prenup?
It's usually best to raise the topic early, rather than close to the wedding date, so the conversation feels calm rather than rushed.
While there's no strict legal deadline, many family-law professionals recommend signing a prenup at least 28 days before the ceremony. Starting early also gives you time to take independent legal advice and talk things through properly.
How much does a prenup cost in the UK?
The cost of a prenup depends on how complex your finances are and how you choose to arrange it.
Traditionally, couples have instructed their own solicitors separately to prepare a prenup. In recent years, however, couples are also considering fixed-fee or online platforms that offer a more structured process.
As a general guide:
- Working directly with their own solicitors - Straightforward prenups often start from around £1,000-£3,000 plus VAT per person, with higher costs where finances are more complex.
- Using fixed-fee or online platforms - Some couples choose a fixed-fee process, which can offer a lower overall cost for straightforward agreements. These services may provide a more streamlined approach and can include legal advice for both partners, so it's worth checking what's included.
These figures are typical ranges rather than fixed prices. Costs will vary depending on individual circumstances and the level of advice required.
How do you talk to your partner about getting a prenup?
For many couples, the idea of raising a prenup feels more uncomfortable than the conversation itself. Talking about it openly and early can help.
You might find it useful to:
- explain why clarity and fairness matter to you
- talk through what each of you feels is reasonable
- see the agreement as a practical planning step, rather than a sign of mistrust
Handled thoughtfully, many couples find the process brings them closer rather than causing tension.
What happens if we don't get a prenup?
Choosing not to have a prenup is completely valid. Without one, the Family Court would decide how finances are divided if the marriage ended, based on fairness and need.
This often means that assets built up during the marriage are treated as shared, and the family home is usually seen as a joint asset regardless of whose name it's in. Inheritance and gifts are treated differently, but may still be taken into account if needed to meet financial needs.
Can a prenup be changed after marriage?
Yes. If things change, you can update your agreement or put a post-nuptial agreement in place, which is signed after the wedding.
Couples often think about this after buying property, receiving inheritance or starting a family. Postnups are looked at in a similar way to prenups and are judged on the same principles of fairness.
How this information was researched
This guide is based on publicly available information from UK government sources, established family-law principles in England and Wales, and guidance commonly provided by family-law professionals. It’s intended as general information only and shouldn’t be taken as legal advice. As every situation is different, couples should always seek appropriate legal advice before entering into a pre-nuptial or post-nuptial agreement, whether through a qualified family-law solicitor or a reputable fixed-fee service that provides independent legal advice.
Final thoughts
A prenup won't be right for every couple, but for many it offers clarity and reassurance at the start of married life. Whether you decide to have one or not, what matters most is that both partners feel informed, comfortable and confident in the decision.
If you're considering a prenup, you can explore a range of options through Guides for Brides, including specialist family-law advice and fixed-fee services, to help you decide what's right for you.
