I’m a household lawyer. Right here’s why - and the way - to get a prenup

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Your assist makes all of the distinction. Learn extra Whereas hardly essentially the most romantic facet of wedding ceremony preparations, a prenuptial settlement is more and more considered as a sensible necessity.

With many individuals getting into marriage possessing present property, companies, or kids from earlier relationships, prenups have gotten a standard consideration.

However for these considering such a step, the preliminary query is usually the place to start.

Amy Harris, authorized director of the household group at impartial regulation agency Brabners, has outlined what a prenup entails, its implications, and methods to strategy the dialogue, serving to readers resolve if it is the appropriate alternative for them.

What's a prenup?

<img src="https://static.independent.co.uk/2025/08/15/10/12101940-bae4f3e0-227d-400f-a9af-6fd1756d1d02.jpg" srcset="https://static.independent.co.uk/2025/08/15/10/12101940-bae4f3e0-227d-400f-a9af-6fd1756d1d02.jpg?quality=75&width=320&auto=webp 320w, https://static.independent.co.uk/2025/08/15/10/12101940-bae4f3e0-227d-400f-a9af-6fd1756d1d02.jpg?quality=75&width=640&auto=webp 640w" loading="lazy" alt="With many couples entering marriage with property, businesses, or children from previous relationships, prenups are becoming increasingly common" class="sc-1mc30lb-0 ggpMaE inline-gallery-btn"/> open picture in gallery

With many {couples} getting into marriage with property, companies, or kids from earlier relationships, prenups have gotten more and more widespread (Alamy/PA) Harris explains: “A prenup is a authorized settlement that’s signed by a pair earlier than they get married or enter a civil partnership.

“These agreements are bespoke paperwork, to allow them to be completely different for each couple. Nevertheless, usually they'll define what's going to occur to some’s belongings and funds if that relationship ends, usually in divorce.”

Whereas prenups are bespoke, they have to adhere to sure authorized necessities to be thought of legitimate. For instance, within the UK each events should enter into it freely, with none strain or duress from the opposite social gathering.

“It’s actually necessary there’s no duress or strain to do it,” highlights Harris. “There also needs to be full monetary disclosure as nicely, in order that each events are getting into into settlement with full information as to what the opposite individual has.

“As well as, each events ought to get impartial authorized recommendation. It’s actually necessary that anyone getting into right into a prenups understands what it says and the implications of it for them as nicely.”

Ought to everybody get a prenup?

<img src="https://static.independent.co.uk/2025/08/15/10/15083008-15392f79-78ff-4d15-acbe-1b3a3ab35107.jpg" srcset="https://static.independent.co.uk/2025/08/15/10/15083008-15392f79-78ff-4d15-acbe-1b3a3ab35107.jpg?quality=75&width=320&auto=webp 320w, https://static.independent.co.uk/2025/08/15/10/15083008-15392f79-78ff-4d15-acbe-1b3a3ab35107.jpg?quality=75&width=640&auto=webp 640w" loading="lazy" alt="Harris also highlights that the circumstances and reasons why people enter into a prenup are wide ranging" class="sc-1mc30lb-0 ggpMaE inline-gallery-btn"/> open picture in gallery

Harris additionally highlights that the circumstances and the explanation why individuals enter right into a prenup are broad ranging (Alamy/PA) Whereas prenuptial agreements will be helpful for many individuals, {couples} ought to fastidiously take into account the prices and advantages earlier than deciding if one is correct for them.

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“It’s one thing which is on the market for anyone who desires one, however you need to take into consideration the price of it as nicely,” says Harris.

“For lots of people, it may be disproportionate to consider the price of having a prenup, as a result of they're bespoke paperwork and there may be sure issues that now we have to do when it comes to the recommendation course of to get them throughout the road.

“I believe prenups are most respected for individuals who have one thing to guard that’s helpful to them, like a property or a enterprise. So, it is probably not appropriate for completely everybody, but it surely’s definitely one thing value fascinated by.”

Harris additionally highlights that the circumstances and the explanation why individuals enter right into a prenup are broad ranging.

“Plenty of youthful individuals are inclined to have extra of a business-like strategy to marriage,” says Harris.

“We’re not in a state of affairs anymore the place the person is all the time the primary earner, it’s possible {that a} couple are each working independently and have each received their very own belongings that they wish to defend.”

Nevertheless, she says that prenups nonetheless are typically extra widespread for older adults.

“Prenups are extra widespread amongst individuals later in life, so those that may need established belongings and careers,” says Harris. “They may have had a tough first divorce and wish to defend their belongings.

We regularly see that also they are eager to guard companies that they’ve constructed over a very long time.”

Harris has additionally noticed that latest adjustments to inheritance tax have prompted extra {couples} to take a strategic strategy to defending their wealth.

“We’re discovering with our shoppers that nuptial agreements have gotten a better a part of a household’s plan,” says Harris.

“So, they're contemplating extra gifting of curiosity in companies and farms and issues like that, and restructuring firms and shares and all that type of stuff. However they’re doing so on the provison that there's a nuptial settlement in place.”

Are prenups 100 per cent legally binding?

<img src="https://static.independent.co.uk/2025/06/05/12/06/iStock-964373750.jpg" srcset="https://static.independent.co.uk/2025/06/05/12/06/iStock-964373750.jpg?quality=75&width=320&auto=webp 320w, https://static.independent.co.uk/2025/06/05/12/06/iStock-964373750.jpg?quality=75&width=640&auto=webp 640w" loading="lazy" alt="Harris has also observed that recent changes to inheritance tax have prompted more couples to take a strategic approach to protecting their wealth" class="sc-1mc30lb-0 ggpMaE inline-gallery-btn"/> open picture in gallery

Harris has additionally noticed that latest adjustments to inheritance tax have prompted extra {couples} to take a strategic strategy to defending their wealth (Getty/iStock) “It’s necessary to say that, prenups usually are not 100 per cent binding in England and Wales,” highlights Harris.

“Nevertheless, they're prone to be taken into consideration by the courtroom if there was a full disclosure of belongings, it was entered voluntarily, each events had authorized recommendation and all people’s had time to contemplate the settlement fastidiously.”

The settlement additionally must be honest.

“You couldn’t have an settlement which says, I maintain the whole lot and also you get nothing, for instance,” says Harris.

“So, in these circumstances, whenever you’ve achieved all the appropriate issues and the settlement is honest, it’s extra prone to be upheld than not.”

How can individuals strategy the concept of a prenup with their accomplice?

<img src="https://static.independent.co.uk/2025/08/15/10/12102037-12e6b0f9-c734-4c16-91cd-a6097e6d8fa1.jpg" srcset="https://static.independent.co.uk/2025/08/15/10/12102037-12e6b0f9-c734-4c16-91cd-a6097e6d8fa1.jpg?quality=75&width=320&auto=webp 320w, https://static.independent.co.uk/2025/08/15/10/12102037-12e6b0f9-c734-4c16-91cd-a6097e6d8fa1.jpg?quality=75&width=640&auto=webp 640w" loading="lazy" alt="Amy Harris, legal director of the family team at independent law firm Brabners, has also noticed that a lot of clients tend to frame prenups as financial planning" class="sc-1mc30lb-0 ggpMaE inline-gallery-btn"/> open picture in gallery

Amy Harris, authorized director of the household group at impartial regulation agency Brabners, has additionally seen that quite a lot of shoppers have a tendency to border prenups as monetary planning It may possibly typically be useful to confer with a prenup as an “insurance coverage coverage”.

“I believe that’s the perfect analogy that I’ve discovered as a result of individuals insure their home, however they don’t achieve this on the premise that they’re ever anticipating their home to burn down, for them to wish to say on the insurance coverage,” says Harris. “So by doing a prenup, you’re not tempting destiny or saying divorce is probably going. It’s only a smart, mature and pragmatic factor to.”

She has additionally seen that quite a lot of shoppers have a tendency to border prenups as monetary planning.

“For lots of the prenups I've achieved this 12 months it has been framed very a lot as monetary planning, whether or not that’s saying, oh my dad’s making me do it, or it’s a part of some broader objective,” displays Harris.

“I believe it’s additionally necessary to get the message throughout {that a} prenup is attempting to guard each events and is offering readability, transparency and peace of thoughts.

“I've had quite a lot of shoppers who've stated ‘I do know now if the worst occurs, I do know I’m going to be okay, as a result of we’ve had that dialogue, and there’s openness round it’.

“I believe it's actually useful and smart to sit down down and have these monetary discussions at first of a wedding, as a result of so many individuals get divorced and don’t also have a fundamental grasp of what the opposite individual has.”

Who must you search recommendation from a few prenup?

<img src="https://static.independent.co.uk/2024/06/28/17/gettyimages-1263705793-170667a.jpg" srcset="https://static.independent.co.uk/2024/06/28/17/gettyimages-1263705793-170667a.jpg?quality=75&width=320&auto=webp 320w, https://static.independent.co.uk/2024/06/28/17/gettyimages-1263705793-170667a.jpg?quality=75&width=640&auto=webp 640w" loading="lazy" alt="Mrs Harris observed that prenups still tend to be more common for older adults" class="sc-1mc30lb-0 ggpMaE inline-gallery-btn"/> open picture in gallery

Mrs Harris noticed that prenups nonetheless are typically extra widespread for older adults (Getty Pictures/iStockphoto) It's essential to seek the advice of with a specialist prenuptial settlement lawyer when contemplating a prenup to make sure the settlement is legally sound, honest, and tailor-made to your particular circumstances.

“It’s necessary to try to converse to the appropriate specialist, so any person who does quite a lot of these kinds of agreements,” advises Harris.

“It’s about having a superb connection and a superb rapport with the individual, and clearly trying out that they do have the related experience to help with the settlement, as a result of it may well clearly have a huge effect on individuals’s future.”