Prenuptial agreements aren’t just for the ultra-wealthy - they’re becoming more common for couples who want financial clarity before marriage. A prenup sets out what happens to assets, savings, and debts if a marriage ends, helping to prevent future disputes. But while prenups can cover many financial matters, they must be fair and reasonable to hold up in court. In this guide, we’ll break down what you can and can’t include in a prenup, plus key things to consider when creating one.
What can be included in a prenup
A prenuptial agreement typically covers things like property, pensions, businesses, savings, inheritance, and income, as well as debts. Every prenup is different, so it’s important to be clear about what you want to include. While each prenup is unique, it can cover a wide range of financial and asset-related matters, including:
Property ownership: Specifies how marital and non-marital property (including homes, land, and rental properties) will be divided. This is especially useful if one partner already owns a property before marriage.
Savings and investments: Protects bank accounts, stocks, bonds, and investment portfolios, ensuring each spouse’s financial contributions are fairly recognised.
Inheritance protection: Keeps family inheritances separate, ensuring that wealth passed down through generations remains within the intended family line.
Business assets: Shields family businesses or personally owned companies from being split or affected by divorce. This can prevent financial disruption to business operations.
Debts and liabilities: Defines who is responsible for existing debts (e.g. student loans, credit cards) or future financial obligations, protecting one spouse from inheriting the other's liabilities.
Pension rights: Outlines how pensions, retirement funds, or future financial benefits will be treated in a divorce.
Spousal maintenance: Sets financial support expectations if one spouse is financially dependent on the other. Courts may adjust these terms to ensure fairness.
Personal belongings and valuables: Allocates sentimental or high-value personal items (e.g. jewellery, artwork, family heirlooms) to avoid disputes later.
What cannot be included in a prenup
While a prenuptial agreement can cover many financial matters, there are some things it can’t legally decide. For example, child-related issues like custody, visitation, and child support cannot be included, as courts will always make decisions based on what’s best for the child at the time. Similarly, personal or lifestyle clauses, such as expectations around chores, religious upbringing, or daily habits, are not enforceable in a prenup.
It’s also important to remember that prenups must be fair and legal. If an agreement is heavily one-sided or includes unreasonable terms, a UK court is unlikely to uphold it. Some examples of provisions that may be deemed unfair, unreasonable include:
👶 Child arrangements: Decisions about custody and visitation must be based on the child’s best interests and are determined by the court, not a prenup.
⚖ Unfair financial provisions: If a prenup heavily favours one party or leaves one spouse in financial hardship, the court may modify or reject those terms.
❌ Lifestyle clauses: Rules about personal behaviour, infidelity, household duties, or appearance are not enforceable in UK law.
💼 Future earnings and income: A prenup cannot dictate financial claims on income that has not yet been earned, as this would be speculative and unfair.
🚫 Waiving child support: Child maintenance is a legal obligation in the UK and cannot be removed through a prenup. The court will always prioritise the child’s financial needs.
Recap: What you can and can’t include
Category | Can be included | Cannot be included |
|---|---|---|
Property ownership | Yes | No, if deemed unfair |
Inheritance protection | Yes | No, if it contradicts legal rights |
Business assets | Yes | No, if it undermines legal obligations |
Spousal maintenance | Yes | No, if unfair or unreasonable |
Child arrangements | No | Courts decide based on best interests |
Future earnings | No | Cannot claim income not yet earned |
Lifestyle clauses | No | Personal conduct conditions are unenforceable |
Debts and liabilities | Yes | Must be agreed fairly |
What should you ask for in a prenup
A prenuptial agreement is your chance to set clear financial expectations and protect key assets before you get married. To make sure your prenup works for both of you, here are some important things to consider:
Pre-marital assets – Clearly outline what each person owned before marriage and ensure those assets remain protected.
Future inheritance – If you expect to receive family wealth, a prenup can help ensure it stays within your intended beneficiaries.
Business ownership – If you own a business, you may want to keep it separate from marital assets to prevent complications in the future.
Debt liability – Define who is responsible for any debts, both existing and future, so one person isn’t unfairly burdened.
Financial fairness – Make sure both partners are financially secure, especially if one person earns significantly more or gives up work during the marriage.
Savings and pensions – Agree on how savings, investments, and pensions will be managed and divided in the event of a divorce.
A prenup isn’t just about protecting wealth - it’s about creating financial transparency and making sure both partners feel secure about their future. Working with a family solicitor ensures your agreement is fair, balanced, and legally sound.
FAQ
Can a prenup be legally enforced in the UK?
Prenups are not automatically legally binding, but UK courts take them seriously if they are fair and meet legal criteria.
Can a prenup protect my business?
Yes, a prenup can specify that a business remains separate property, protecting it from claims in a divorce.
Can I include future child arrangements in a prenup?
No, child custody and support must be decided based on the child’s best interests at the time of separation.
Final thoughts
A well-drafted prenup provides financial clarity and protection, but it must be fair to both parties to be considered enforceable by the UK courts. Understanding what can and cannot be included ensures that the agreement remains valid and effective in the long term. Seeking legal advice is essential when drafting a prenup to ensure it meets legal standards and reflects both parties' needs.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.