Pre-Nuptial Agreements- are they really worth it?

Wildcat Law

And yes they are a thing!

Pre-Nuptial Agreements, often shortened to Prenups,  record the ownership of assets and how they are to be divided (or instead, retained) between the parties, if the marriage broke down. Although they are not automatically legally binding (which means the Court does not have to fully rely on it when deciding the share of assets and finances on divorce), we are seeing the Courts taking a more favourable approach towards these agreements. Pre-Nuptial Agreements have been misconceived as only being appropriate for the wealthy, or where one party has significantly more assets than the other. However, fast forward to 2022- a ‘post pandemic’ era…



·       2.5 million marriages are predicted in 2022- more than any since 1984;

·       There is an increase in couples enquiring about divorce since the pandemic;

·       The introduction of ‘no fault divorce’ is likely to create an increase in divorce petitions and tension between couples;

·       We can see in the media that disputes between couples are not uncommon, revolve mainly around money, and simply lead to a great deal of distress, time and costs;

·       The main reasons for divorce are communication and finances;

·       Unfortunately, divorce seems to be the ‘next trend’ that we are likely to see;

·       Couples are tying the knot later in life- meaning they are more likely to have assets acquired separately, pre-marriage or even relationship, which they want to retain;

·       Couples may not want their assets to automatically become ‘marital assets’ on marriage, where those assets are treated initially, as being shared;

·       Individuals are becoming more entrepreneurial, resulting in potential future profits they wish to protect and retain;

·       Conversely, such business interests may not be successful, resulting in potential debt that the other will not want to be held liable for;

·       More individuals are getting married with children from a previous marriage/relationship;

·       Individuals are seeking more certainty and peace of mind regarding financial consequences upon relationship breakdown;

·       Court proceedings to deal with finance between couples, on divorce are longer than ever due to court timetables. This adds to the costs, distress and delays in reaching a ‘clean break’, and closure for the couple;

·       Attempting to reach agreement on the split of finances following divorce reduces the amount available in the ‘pot’ to be shared as a result of legal fees.

All of these trends point towards one sensible solution; having a Pre-Nuptial Agreement in place.

At Wildcat Law we understand how daunting it may be for a couple to discuss potential divorce even before they have exchanged vows, their assets and intentions with those assets. We offer a bespoke service, where we take a personal but pragmatic approach to providing solutions for potential future events in the most amicable, stress free and cost effective way. We don’t just provide you with a document to sign; we also advise you before and during its production, and most importantly, after. We ensure our advice and drafting will give the agreement the best chance of the Court choosing to rely on it.


 Speak to us about our fixed fee service that includes a 30 minute conference and a bespoke draft agreement - so you have certainty from the very beginning.


If you are thinking “but what if my intentions regarding my assets, change after marriage, or I obtain further assets I wish to protect?” Or you wish to retain those assets that automatically become ‘marital’ assets following marriage? We advise that a Post-Nuptial Agreement is put in place following marriage if this is to be the case, which we can also assist with.


Please contact us if you are interested in considering a Pre or Post Nuptial Agreement, or if you would like to find out more.  

24 Oct, 2023
How does surrogacy work in England?
24 Oct, 2023
Registering the birth
01 Aug, 2023
Common Questions Answered.
Share by: