Nuptial Agreements in the UK: The ‘Pre-nup’ That’s Actually a Smart Move (And Not Just for the Rich)

The nuptial agreement – the often misunderstood, yet highly practical document that many people associate with the ultra-wealthy, high society types, or celebrities. But before you dismiss the idea of a nuptial agreement (also known as a prenuptial or postnuptial agreement or “pre-nup”) as something that belongs only to billionaires and heiresses, let’s break it down.

Spoiler alert: this legal document can be just as useful for you, the average (but still highly capable) human being.

The Basics: What’s a Nuptial Agreement, Anyway?

At its core, a nuptial agreement is a legal contract between two people about how their finances and assets will be handled in the event of a separation, divorce, or even death. It's essentially the grown-up version of “I promise not to touch your fries if you promise not to touch mine,” except with slightly more significant consequences. A pre and post nuptial agreement have the same effect, they are just entered into at different times.

“But We’re in Love, Why Would We Need One?”

You’re deeply in love, you’ve found your soulmate, and you’re planning the wedding of the century (okay, maybe just a lovely garden party, but you get the idea). So why would anyone need to talk about divorce and separation before even saying “I do”?

Let’s put it this way: think of a nuptial agreement as a kind of insurance policy. You don’t buy insurance because you expect to get into an accident. You buy it to protect yourself just in case. Similarly, a nuptial agreement is about making sure that if things don’t work out, you’re not left scrambling over who gets what.

Nuptial agreements are there to make things clear, fair, and efficient. They help avoid messy battles in court that could have been easily prevented. You’d be surprised how much tension a well-crafted pre-nup can save.

Debunking the Myths: It’s Not Just for the Rich and Famous

I can already hear you saying, “Isn’t this just for the rich, the Kardashians, or royalty?” And while it’s true that high-net-worth individuals may want to protect their fortunes, nuptial agreements are becoming more common among average people – and for good reason.

Let’s imagine a scenario: You’ve worked hard to buy your first home, or perhaps you have a bit of savings that you’re proud of. Now, enter the relationship of a lifetime. But what happens if it doesn’t last? You want to ensure that the things you've worked for are protected, and a nuptial agreement can do just that. After all, relationships are about trust – and a pre-nup is just a way to ensure that trust extends to your financial future.

What’s In the Agreement?

A nuptial agreement can cover a range of things, from how assets are divided in case of separation to who gets the family dog (because let’s face it, that’s the real battle). It can address how debts are handled, the division of property, and even spousal maintenance. You can also specify how assets accrued before marriage should be treated, which can save time and trouble in the event of a breakup.

But here’s the thing: the agreement must be fair and reasonable. Courts in the UK don’t have to automatically enforce them, but they will consider them if the terms were entered into voluntarily and with full disclosure. So, you can’t just put your partner’s name on a napkin, sign it, and call it a day. A valid nuptial agreement must be drawn up properly, with both parties getting independent legal advice.

So, Should You Get One?

It depends. If you’ve got assets, investments, or even a collection of rare Beanie Babies you’re particularly attached to, then a nuptial agreement might be worth considering. It’s not a sign of distrust, but rather a practical way to ensure that both parties have a clear understanding of how things will be handled in the future. The odds of having to use the agreement are slim – but it’s far better to have one and not need it, than to need one and not have it.

In conclusion, nuptial agreements are a wise and mature approach to handling the complexities of modern relationships. It’s not about being pessimistic – it’s about being pragmatic. So, before you put on that white dress or tuxedo, consider having a chat with a professional. It’s not unromantic, it’s just responsible planning for the future.

Which Professional Should You Speak To?

You could start by meeting with a mediator to help you agree the terms of your nuptial agreement. Family mediation in the UK is a process where an independent, professionally trained mediator helps people to reach agreement by meeting together and discussing all the relevant factors.  This helps reduce the risk of the matter becoming a difficult and lengthy dispute.

Alternatively, a newer approach is ‘one lawyer, one couple’ which involves a single lawyer helping and advising both parties to finalise an agreement, rather than each person having their own lawyer.

While this is relatively rare and not always advisable in contentious situations, this process could lend itself very well to a couple who want to organise their affairs prior to their marriage in case things don’t work out as they hope.

For a pre-nuptial agreement, separately legal advice is often preferable and the collaborative law process could also help finalise terms of an agreement without any acrimony.  In this process, parties meet in person with their lawyer to discuss the facts and design tailored outcomes.

The primary goal of these models is to make the process a much friendlier experience whilst being more efficient and cost-effective than potentially a traditional approach of opposing lawyers.

Our Tracy Cross, partner and head of Family Law here at Band Hatton Button is an accredited mediator and is a trained ‘one lawyer, one couple’ lawyer. Tracy is also a trained collaborative lawyer.

At Band Hatton Button, our lawyers are all members of Resolution – First for Family Law and will help you resolve matters in a conciliatory way. We also have an Accredited Family Mediator who can assist with all types of Family Mediation.

For more information visit the family pages of our website by clicking here or call the Family team for initial help with no obligation on 024 7630 9307.