Modern Love Planning – The Power of Pre-Nuptial Agreements

By Sofi Tew

Trainee Solicitor

Family Law

05 November 2025

Blog News

Pre-nuptial agreements are increasingly popular with modern-day couples as a way of organising their finances before entering into a marriage or civil partnership. Whilst the stigma behind pre-nuptial agreements is that they signal a lack of trust or commitment to the marriage, there are several benefits behind treating a loving partnership as somewhat of a ‘business deal’. Pre-nuptial agreements are particularly beneficial for couples who have pre-marital property they want to protect and those who are entering second or third marriages and want to protect assets for their children from previous marriages. Even though the perception of pre-nuptial agreements can be unsettling and even unromantic, prenups can be used as a responsible tool to manage financial matters if done in the right way.

The legal status of pre-nuptial agreements

The starting point for financial claims on divorce is the Matrimonial Causes Act 1973, specifically section 25, which requires the Court to take into account a list of factors, including first consideration being given to the welfare of any children, when deciding how to divide a couple’s finances on divorce. A pre-nuptial agreement cannot oust the Court’s jurisdiction, i.e. the Court will still have to consider the factors set out in s25, however, such agreements can carry significant weight in the Court’s decision.

The legal position evolved significantly following the Supreme Court’s decision in Radmacher v Granatino, (2010) which set out that the parties to a divorce should expect to be bound by such agreements, provided they are entered into freely, with full understanding of their implications, and it is fair to uphold them in light of the prevailing circumstances.

How to make your agreement binding

To reduce the chance of the court rejecting your pre-nuptial agreement as unfair, both parties should seek independent legal advice from a family lawyer before entering into the agreement. Both parties should also have full financial disclosure to ensure that there is sufficient information and visibility of financial circumstances before signing the agreement and to make sure that each party is aware of the other’s financial circumstances before deciding whether to enter into the agreement.

It is also good practice to finalise the agreement at least 28 days in advance of your wedding or civil partnership ceremony to help to avoid any allegations of undue pressure or duress.

Agreements will need to be reviewed periodically to ensure that they are still relevant and apply in circumstances of the birth of a child or other important life events.  The Court is much more likely to follow the terms of an agreement that is regularly reviewed, rather than one that was prepared before the marriage but not otherwise reviewed, considered or amended during the course of the marriage.

A pre-nuptial agreement cannot override or limit the rights and needs of any children. In the event of divorce or dissolution, the Court’s first consideration will always be the welfare of any children involved. A review on the birth of a child ensures that the children’s needs can be properly considered, and any necessary adjustments can be made to reflect those changes.

What to include in your pre-nuptial agreement

When preparing such an agreement, couples often consider how they would like their finances to be handled in the event of a divorce or dissolution. This often includes:

• Ownership of property brought into the marriage or civil partnership;
• The future of the family home;
• Treatment of property received as a gift or inheritance;
• Division of joint bank accounts and jointly acquired property;
• Treatment of pensions;
• Whether either party will pay or receive maintenance;
• Financial arrangements for any current or future children; and
• Provisions in the event of either party’s death, including whether the parties intend to enter into Wills.

The agreement will also include a declaration that both parties have provided full financial disclosure, a statement confirming each party has received independent legal advice and confirmation that both parties intend the agreement to be legally binding.

The Bank of Mum and Dad

With rising property prices, it is more difficult for young couples to get a foot on the property ladder. As a result, the so-called ‘Bank of Mum and Dad’ has become one of the largest mortgage providers in the UK. With possible relationship breakdowns, parents often want to ensure that their family contributions are therefore protected.

The main advantage of pre-nuptial agreements is that parties can make clear what property is ‘non-matrimonial’ and will not be shared during the marriage or on divorce. Ringfencing ‘separate’ property and assets (including inheritance and gifts) at the outset of the marriage evidences the intention of the parties regarding the division of their assets to the Court if the parties were to divorce. Consequently, ‘modern love planning’ has allowed for more certainty in the division of finances upon separation.

The unromantic considerations of modern love planning

Understandably so, some individuals find the idea of entering into a pre-nuptial agreement to be difficult as it involves planning for the possibility of the relationship ending at a time where they should be celebrating their love and marriage.

With the main objective behind pre-nuptial agreements being the protection of non-matrimonial property, there is a likelihood of vulnerability of the economically weaker party. As some individuals may be emotionally focused on their upcoming marriage, it can result in the financially weaker party agreeing to certain terms just to finalise the nuptial agreement and move forward with their wedding preparations.  It is important, therefore, for the safeguard referred to above to be put in place to ensure both parties are absolutely content to enter into the agreement.

Taylor Walton’s Family Department provides advice in relation to all aspects of Family Law, including Pre and Post-Nuptial Agreements.  If you would like to speak to a member of our team, you can do so here.

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Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.