Romance involves a surprising amount of paperwork these days. When you and your partner decide to tie the knot, you’ll be signing the dotted line on a marriage license, certificate, and a possible name change. While you’ll likely want to get past that bit and focus on the plans for the hen and stag, there’s one more piece of paper that an increasing number of couples are opting to sign: a prenup.
This is undoubtedly an awkward topic to bring up with your betrothed, but it can save a lot of time, worry, and money in the future if it ever needs to be used. It can also provide a sense of security in the partnership, especially if one partner opts, for example, to leave their work to look after children. The feeling of financial security is likely worth a few moments of awkwardness, and you might find your partner agrees.
While prenups may feel overly formal, they aren’t just for the ultra-wealthy or celebrities anymore. According to Co-op Legal Services, over 20% of married couples now have some sort of legal agreement in place, and this percentage rises among younger couples.
How prenups can save you thousands
Divorce is an expensive process, and that cost rises dramatically when there’s disagreements around who will take what. While a lawyer for an uncontested divorce often costs between £500 and £2,000, a contested divorce can take that cost up to between £5,000 and £50,000. If you can have an agreement beforehand in writing, it can ease stress and save money in an already difficult period.
Having a prenup also allows you to keep your own assets. For example, if you received an inheritance payment during your marriage, a prenup could carve out those assets to be given to you in the case of a divorce. Prenups can also be used to protect you from inheriting your partner’s debt.
How enforceable are prenups in the UK?
Prenups are not legally binding within the UK, but they are strongly relied upon in court. A judge might decide a prenup should not be enforced if, for example, it leaves one member of the couple destitute.
One thing to watch out for is that prenups will only cover what’s discussed in the document. If later in life you come into unexpected money or do well in business, you might need to adjust your prenup to reflect those assets.
How do investments work in prenups?
You can specify who will own different investments, like pensions, in a divorce. This is often one of the most valuable assets that a person owns, so it’s important to not overlook. Accounts like ISAs can also be included in prenups. While a partner could never take your ISA, as it’s an individual savings account, they may get a monetary payout that means you’d have to go into your ISA savings to pay them.
Joint accounts can also be included in prenups, with specified splits or regulations.
A prenup doesn’t just protect the money that you enter the marriage with. It can also apply to the capital gains, dividends, or income earned on those investments, if specified.
Before you sign a prenup, make sure you have a thorough understanding not just of the assets you hold now, but how likely they are to grow. Many people, for example, opt to take the house in the divorce and give their partner the pension. But houses can be tricky to sell and come along with their own expenses and can end up being a more stressful and less cost-effective choice in the long run.
Explore our tips for handling money issues in a relationship in our recent article.
What to do if I want a prenup?
If you’d like a prenup, most people opt to speak with a legal professional. This ensures that assets are split fairly, and that both of you can be taken care of. While it is a bit more cost up front, it could be well worth it down the line.
When it comes to approaching your partner, you know them best. But many couples begin by picking a situation that is calm, assuring their partner they still want to get married in the first place and trust them, and expressing why it makes sense to them. Allowing them time to do their own research can also help turn it into a joint decision.
Hannah Williford: Investment Writer
Hannah joined AJ Bell in 2025 as an investment writer. She was previously a journalist at Portfolio Adviser Magazine, reporting on multi-asset, fixed income and equity funds, as well as macroeconomic impacts and regulatory changes...
