A prenuptial agreement, often called a “prenup”, is a legal agreement made between two people before they get married (or enter a civil partnership). It sets out how their assets and finances will be divided if the marriage were to end in separation or divorce. In plain terms, it’s a way for couples to agree in advance what should happen with property, savings, businesses, or other assets if the relationship doesn’t last. While discussing a prenup might not feel romantic, many couples in England and Wales find that having such an agreement brings peace of mind and clarity for the future.
This guide by Andrew Wood, Associate and Head of Family Law at Waldrons Solicitors. Andrew has specialised in family law for over twenty years and has extensive experience advising clients across the West Midlands and Worcestershire on matters including prenuptial agreements, helping them protect their interests and plan for the future.
Understanding Prenuptial Agreements
A prenuptial agreement is essentially a financial plan for “what if” scenarios. In the UK, prenups typically list each person’s assets (like property, investments, or inherited money) and state what will happen to those assets if the marriage ends. For example, someone who owns a house or runs a business before the marriage may want to ensure those remain their assets afterwards. Couples can also agree on how assets acquired during the marriage should be divided or protect certain future assets (like a prospective inheritance). The key idea is to minimise uncertainty and avoid conflict later.
It’s important to note that a prenup is not about expecting the worst, but about open communication and responsible planning. By discussing finances upfront, couples can enter marriage with a clear mutual understanding. Most family solicitors in regions like the West Midlands increasingly encourage these honest conversations as a way to strengthen relationships, not undermine them. In fact, research shows that money worries are a leading cause of divorce, so being transparent early on can actually help couples start off on the right foot.
Why Do People Get Prenups?
Once considered the preserve of celebrities and the ultra-wealthy, prenuptial agreements are increasingly common among couples across the UK. They offer a practical way to safeguard future assets and earnings, particularly where one party expects their financial circumstances to change. A high-profile example is Jeff Bezos, who married Mackenzie Scott in 1993, a year before founding Amazon. With no prenup in place, their 2019 divorce became the most expensive in history, with Scott retaining a 4% stake in Amazon, then worth $35.6 billion and making her the world’s third-richest woman at the time.
There are several practical reasons why couples choose to enter into a prenuptial agreement:
- Protecting Pre-Marital Assets: If one or both partners have significant assets before marriage (such as a house, a business, or substantial savings), a prenup can ring-fence those assets. This means each person can keep what they originally brought into the marriage.
- Safeguarding Inherited Wealth or Family Gifts: Families often want to ensure that certain assets (like an expected inheritance, or a family business) stay within the family. A prenup can specify that an inheritance one spouse receives during the marriage remains theirs, providing reassurance to relatives across generations.
- Second Marriages and Children from Previous Relationships: If either party has children from a prior relationship, they may wish to protect those children’s inheritance. A prenup can help ensure that, in the event of divorce, assets are preserved for children from an earlier marriage or relationship. This is a common scenario in Worcestershire and the West Midlands, where many of Andrew’s clients remarry later in life and want to provide for children from a first marriage.
- Debt Protection: Conversely, a prenup can protect each spouse from the other’s debts. For instance, if one person has significant debt or business liabilities, the agreement can clarify that those remain that individual’s responsibility, preventing creditors from targeting the other spouse’s assets.
- Clarity and Reducing Conflict: Many couples seek prenups for peace of mind. By agreeing in advance how finances will be divided, they hope to avoid bitter disputes or lengthy court battles if the marriage breaks down. This clarity can reduce anxiety; both partners know exactly where they stand financially.
- Encouraging Open Communication: The very process of creating a prenup forces couples to have frank discussions about money, including spending habits, financial goals, and expectations. Rather than being a pessimistic exercise, this can actually strengthen a relationship. Talking through these issues can lead to better understanding and fewer surprises later. As one family solicitor notes, couples who communicate effectively about finances from the start may build a more stable marriage.
In short, people get prenups to protect themselves and their loved ones and to make sure that if the worst does happen, the outcome can be handled as fairly and smoothly as possible. In the West Midlands and Worcestershire, Andrew has seen an uptick in couples requesting prenuptial agreements for exactly these reasons, it’s about being sensible and responsible, not about lacking faith in the marriage.
Growing Popularity and Changing Attitudes
Prenuptial agreements are no longer rare in the UK. Recent statistics show that they are on the rise, reflecting a shift in public attitudes. For example, a survey by the Marriage Foundation and Co-op Legal Services found that roughly one in five married couples in Britain now has some form of marital agreement in place. That is a significant increase compared to a generation ago. Likewise, public approval of prenups has grown: a 2025 YouGov poll indicated that 55% of Britons support the use of prenuptial agreements, up from 42% just a couple of years earlier. Clearly, the old stigma that prenups are “unromantic” or only for the ultra-rich is fading.
Several societal trends help explain why prenups have become more mainstream. People are marrying later in life on average, which means by the time they wed, both partners may have careers, properties, or savings of their own that they wish to protect. It’s also more common now to marry after having children or to enter marriage with blended families, making financial planning more complex. Additionally, women’s financial independence has increased, today it’s often the bride-to-be who wants a prenup as much as (or more than) the groom, especially if she has a successful career or assets of her own. Experts say factors like higher earnings among women, more second marriages, and greater awareness of legal options (thanks to the internet) have all contributed to the rising number of couples choosing prenups.
Perhaps the most pragmatic reason behind the popularity of prenups is the reality of divorce rates. While nobody enters marriage expecting to divorce, the truth is that a significant proportion of marriages do end that way. According to the Office for National Statistics, in 2023, the median duration of marriages that ended in divorce (the mid-point of all durations) was 12.7 years for opposite-sex couples and 7.2 and 6.3 years for male and female same-sex couples respectively. This doesn’t mean divorce is inevitable, but it does highlight why prudent couples want to plan for all eventualities. As Andrew often tells clients, we happily buy home insurance hoping never to use it, viewing a prenup as “marriage insurance” can be similarly wise and not a sign of doubt in your relationship.
“A prenuptial agreement isn’t about mistrust, it’s about transparency and planning for the future,” says Andrew. “Couples in the West Midlands and Worcestershire come to us for prenups because they want peace of mind. By agreeing things fairly at the outset, you can enter into marriage with confidence, knowing that whatever happens, you’ve protected each other. It’s a sensible step that can actually strengthen your relationship.”
Contact Waldrons’ Family Law team in Birmingham, Worcester, Dudley or Kingswinford for a private discussion on drafting a fair prenuptial agreement suited to your needs.
