Family
Private Wealth
Annabel Andreou
September 2025
Why should I get a Prenup?
A prenuptial agreement allows couples to agree in advance how assets, property, and other financial matters will be handled if the relationship ends. While some attitudes towards prenups see them as unromantic or pessimistic, their real purpose is to provide clarity, fairness, and peace of mind. We explore why you would get a Prenup and when it is prudent to get one.
A prenuptial agreement, far from being a sign of mistrust, can actually foster deeper trust between partners. By laying all assets, debts, and financial expectations openly on the table, both individuals gain a clear, honest understanding of each other’s circumstances. This transparency helps couples reach a unified position, making it easier to plan for the future together. Just as you wouldn’t buy a home without house insurance, a well-written prenup provides a framework that protects both parties, ensuring that everyone’s interests are respected. In this way, a prenup isn’t about expecting the worst, but about building a foundation of openness and mutual respect from the very beginning.
In a marriage and civil partnership there are practical considerations that can affect the long-term health of a relationship — financial security being one of the most important. Many, if not most people marry without any clear idea of what this means if the relationship comes to an end.
It often comes as a surprise when the nature and value of financial claims are explained, but by that time, there is little that can be done to mitigate these claims.
Added to this is the notorious uncertainty involved in the current law, which is discretionary and depends on a Judge’s interpretation of the case. Very different outcomes can follow from what may appear to be similar facts.
Do I need a Prenup?
These are the scenarios where it would be prudent to consider a Prenup.
Protecting Pre-Owned Assets
Many people enter marriage or civil partnership with assets they have accumulated individually, such as:
- A house or apartment
- Savings or investments
- Valuable personal property
- Retirement funds
Example:
Emma owned a home outright before marrying James. The prenup ensured she retained her original home while fairly sharing jointly acquired assets.
Safeguarding Family Wealth and Inheritance
Prenups can specify:
- Which inherited assets remain separate property
- How future gifts or inheritances will be treated
- Protection for trusts or family business interests
Example:
Robert inherited family business shares. The prenup kept the shares his personal property while allowing fair provision for his spouse.
Protecting Business Interests
Business ownership adds complexity. A prenup can prevent forced sale, clarify profit sharing, and protect employees or stakeholders.
Example:
Sophie owns a marketing firm. A prenup ensured she retained control while acknowledging her spouse’s financial or domestic contributions.
Managing International Circumstances
Prenups can address cross-border issues:
- Legal jurisdiction
- Recognition of assets overseas
- Dispute resolution
Example:
Clara, a British citizen living in Germany, clarified which country’s laws would govern her prenup.
Career Sacrifices and Non-Financial Contributions
Prenups can recognise contributions such as childcare or homemaking.
Example:
Liam paused his career to care for children. The prenup secured his financial rights and acknowledged his contributions.
Mitigating Conflict and Providing Certainty
Prenups reduce future disputes by creating clear expectations for both partners.
Debunking Common Myths
- Only for the wealthy: False – any couple with assets, debts, or family obligations can benefit
- Unromantic: False – prenups are acts of care and foresight
- Courts ignore them: False – Radmacher v Granatino confirmed courts give weight to fair prenups
- Predicting divorce: False – they are about planning responsibly
The Process of Creating a Prenup
- Initial discussion
- Financial disclosure
- Independent legal advice
- Drafting the agreement
- Review and sign
Tip: Early preparation reduces pressure and emotional tension.
Conclusion
A prenup ensures fairness, protects assets, and reduces conflict. Couples often find it strengthens trust and communication.
