
Marriage contracts, comprising pre and post nuptial agreements, are on the rise, but new research* shows that nearly 90% of married couples still do not have one. Understandably, a prenup is unlikely to be top of the agenda for couples planning a wedding nor is a postnup for those enjoying their honeymoon. However, these documents can provide important clarity in the event of a divorce.
Many still have misconceptions about prenups and postnups, including that they are only for the super-rich or that they are a sign of distrust. Here we’ll break down those misconceptions and highlight the benefits they can bring.
What is the different between a prenup and a postnup?
A prenuptial agreement, or a prenup is a legal contract that couples enter into before marriage. It outlines how assets will be divided if the marriage ends and can include division of property, the provision of financial support from one spouse to the other, how inheritance will be handled and how business interests will be treated. In some instances, a prenup can encompass smaller details, such as what would happen to the family pet.
A postnuptial agreement or postnup serves the same purpose but is created after the marriage. Couples may choose to establish a postnup after a significant life event, such as the birth of a child or the acquisition of a substantial asset.
Marriage contracts are only for the really wealthy
It’s long been believed that prenups are only for celebrities or those with a lot to lose if a divorce arises. However, there is no minimum wealth requirement in order for a pre or post nuptial agreement to be put in place. Simply put, a marriage contract can be worth pursuing for anyone who has assets that they want to protect.
You might be a business owner with business interests to account for, or someone entering a second marriage who would like to ensure more protection for their assets and a less stressful process should the marriage end. Additionally, we also see clients who have received a significant gift or inheritance from family wishing to outline that these are premarital assets.
Prenups and postnups are rarely enforceable
Pre and post nuptial agreements are not currently legally binding, but The Law Commission has recently made fresh calls for this to be the case provided that agreements meet specific criteria. As such, they could hold more weight in the future.
Increasingly, marriage contracts are recognised by the courts on the grounds that the terms of the agreement do not overly favour one party, both parties have fully disclosed all of their financial assets and liabilities, and each person has sought independent legal advice to ensure that they understand the implications of the agreement.
The landmark case of Radmacher vs Granatino in 2010 made it clear that courts should uphold nuptial agreements that are freely entered into with knowledge of the implications as long as it is fair to hold the parties to their agreement in the specific circumstances.
Nuptial agreements foreshadow divorce
Starting the conversation about a nuptial agreement can be uncomfortable, especially in the romantic stages of wedding planning. Despite this, preparing a prenup or postnup isn’t a sign of mistrust or that something will go wrong, it’s just a practical way to initiate a conversation and come to an agreement that provides protection and clarity should the relationship end.
Establishing a marriage contract also encourages healthy transparency between couples and can help to communicate financial expectations and future plans. Whilst everyone hopes it’s never needed, view it as a form of insurance which can ease the burden of a divorce should it occur.
Legal support isn’t required to create one
People often hold the view that a prenup is a very simple document, even one that they could create themselves, but this is far from the truth. Marriage contracts are bespoke, in-depth documents that require guidance from a family lawyer and shouldn’t be done just before the big day.
When a court is considering whether to uphold an agreement it will also consider if legal advice was sought when it was created, meaning it could be seen as invalid if you have drafted it yourself.
Want to put a nuptial agreement in place? Maguire Family Law can help.
At Maguire Family Law, we have extensive experience in pre and post nuptial agreements. Our expert team will work closely with you to ensure agreements are tailored to your individual requirements, as well as being comprehensive and fair, protecting your assets and providing financial clarity should your relationship end.
We’d recommend getting in touch at least 3-4 months ahead of the wedding if you’re looking for a pre-nuptial agreement to ensure there is adequate time for financial disclosure. A post-nuptial agreement can be established at any point in the marriage, as long as both parties agree.
*Research from January 2025 by Handelsbanken Wealth & Asset Management
For specialist advice on any family law related issue contact Maguire Family Law by email: james.maguire@family-law.co.uk or telephone: