When couples in England and Wales consider marriage, the topic of prenuptial agreements often arises—especially with the realities of divorce in mind. While prenups are not automatically binding here, they can provide clarity, protect family assets, and set expectations should the relationship end. Below, you’ll find real-life examples and a practical template to help you start the conversation and draft an agreement that reflects your intentions and circumstances.

Scenario 1: The Short, Childless Marriage Amelia (age 52, nearing pension age) and Tom (45) marry after a whirlwind romance, having only known each other for six months. Amelia owns a family business and several properties, while Tom has modest savings and a stable but average income. They sign a prenup stating each keeps their own assets if they split. After two years, the marriage ends. Because the marriage was short, they had no children, and both had independent legal advice and full disclosure, the court is likely to give strong weight to the prenup. Amelia’s business and pre-marital assets remain protected, and Tom’s needs are met from his own resources.

Lesson: Prenups are most effective in short marriages with no children, especially where one party brings significant pre-marital wealth and both are financially independent.

Scenario 2: The Long Marriage with Children 
Priya and James lived together for five years before marrying. They sign a prenup before the wedding, agreeing that Priya’s inherited home stays hers. Over 18 years of marriage, they have three children and share all living costs. James, who gave up his career to be the primary carer, is now in his late 50s with limited earning capacity. When they divorce, the court looks at the prenup but prioritises the needs of James and the children, including suitable housing and financial support. Priya’s inherited home may be protected, but the court may require her to provide a home for the children or share other assets to maintain their lifestyle.

Lesson: In long marriages with children, especially where one party’s earning capacity is reduced, the court will override a prenup if it doesn’t meet the family’s needs.

Scenario 3: Hidden Wealth and Non-Disclosure 
Sophie and Mark, both in their 40s, sign a prenup after a three-year relationship. Sophie claims her assets are worth £2 million, but in reality, she has £8 million, including offshore investments. Mark, who left a high-earning job to support Sophie’s business, relies on the disclosed figure. Years later, during divorce proceedings, Mark discovers the true extent of Sophie’s wealth. Following Entwistle v Helliwell, the court finds Sophie’s non-disclosure was deliberate and vitiates the agreement. The prenup is set aside, and the court makes a fair award based on the true financial picture, including Mark’s lost earning capacity.

Lesson: Deliberate non-disclosure of assets can render a prenup invalid. Full and frank disclosure is essential, especially if one party has sacrificed career opportunities.

Scenario 4: Last-Minute Signing and Pressure 
Ben and Rachel, both in their early 30s, sign a prenup two days before their wedding after Rachel’s family insists. They’ve been together for four years, but Ben feels rushed and doesn’t get legal advice. Their lifestyles are quite different—Rachel is used to luxury, Ben is not. When they divorce, Ben argues he was pressured and didn’t understand the implications. The court finds the agreement was not freely entered into and gives it little weight, making a fair award based on both parties’ needs and the standard of living during the marriage.

Lesson: Prenups signed under pressure or without proper advice are unlikely to be upheld, especially if there’s a significant lifestyle gap.

Scenario 5: Protecting a Family Business 
Jasmine, 38, owns a successful restaurant inherited from her parents. She marries Alex, 40, after a long engagement. They sign a prenup stating the business remains Jasmine’s, and both have similar earning capacities. The marriage lasts five years, with no children, and Alex pursues his own career. On divorce, the court upholds the prenup, allowing Jasmine to keep the restaurant, as the agreement was fair, both had advice, and there was full disclosure. The court also considers that both maintained independent finances and lifestyles similar to before marriage.

Lesson: Prenups can effectively protect family businesses, especially in shorter marriages where both parties are financially self-sufficient.

Prenuptial Agreement Template (England & Wales)

This template is for guidance only. Each party should seek independent legal advice before signing any agreement.

PRENUPTIAL AGREEMENT

Date: [Insert date]

Parties:

• [Party 1 Full Name], of [Address]

• [Party 2 Full Name], of [Address]

Recitals: A. The parties intend to marry on [Insert date]. B. Both parties wish to clarify their financial arrangements in the event of divorce, separation, or annulment. C. Each party has made full and frank disclosure of their assets, income, and liabilities. D. Both parties have had the opportunity to seek independent legal advice.

Definitions:

• “Separate Property” means assets owned by either party before marriage, as listed in Schedule 1.

• “Joint Property” means assets acquired jointly during the marriage.

• “Matrimonial Home” means the property at [address], or any future family home.

Terms:

1. Separate Property

   • Each party’s separate property shall remain theirs in the event of divorce, separation, or annulment.

   • A list of separate property is attached as Schedule 1.
     
     

2. Joint Property

   • Any property acquired jointly during the marriage shall be divided equally unless otherwise agreed in writing.
     
     

3. Matrimonial Home

   • The parties agree that the matrimonial home shall be dealt with as follows: [e.g., sold and proceeds divided, or retained by one party].
     
     

4. Debts and Liabilities

   • Each party shall remain responsible for debts incurred in their sole name before marriage.

   • Joint debts shall be shared equally unless otherwise agreed.
     
     

5. Spousal Maintenance

   • The parties agree that neither shall claim spousal maintenance from the other, except where required to meet reasonable needs or the needs of any children.
     
     

6. Children

   • The welfare and needs of any children shall take priority over the terms of this agreement.
     
     

7. Disclosure

   • Both parties confirm they have provided full and frank disclosure of their financial circumstances.
     
     

8. Legal Advice

   • Both parties confirm they have had the opportunity to seek independent legal advice before signing.
     
     

9. Review

   • The parties agree to review this agreement if circumstances change significantly (e.g., birth of children, inheritance, change in income).
     
     

10. Governing Law

    • This agreement shall be governed by the laws of England and Wales.

Signatures:

[Party 1 Name]
Date: _______________

[Party 2 Name]
Date: _______________

Witnesses:

[Witness Name & Address]
Date: _______________

[Witness Name & Address]
Date: _______________

Schedule 1: Separate Property

• [List all assets owned by each party before marriage, e.g., property, savings, investments, business interests.]

This template is a starting point. For your agreement to carry weight in court, ensure full disclosure, fairness, and independent legal advice. If you’d like to see more tailored clauses or examples, just let me know!

Disclaimer:
This article and template are for general information only and do not constitute legal or financial advice. Whether a prenuptial agreement is enforceable, and to what extent, depends on your individual circumstances and the facts of your case. The courts in England and Wales have wide discretion and will always prioritise fairness and the needs of any children. You should familiarise yourself with the law and consider seeking independent advice before making any decisions or signing any agreement.