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Navigating prenups – what can be included?

Whilst nobody goes into a marriage with the intention of ending the relationship, prenups are designed as a safety net should the unexpected happen.

Prenups are not ‘one size fits all’, they are a bespoke document catered to suit the needs of each individual couple.

Despite the common misconception, prenups aren’t just for the rich, they are intended to build trust and openness, setting the stage for a genuine and solid marriage no matter the financial circumstances.

To help you understand the details of prenups in the UK, we are launching a series of blogs on the topic, starting with this one.

Prenups offer the flexibility to tailor the agreement to the couple’s personal needs. Let’s take a look at what you can include in yours.

What can I include in my prenup?

Property – Your prenup should cover any property each partner brings with them into marriage. You should also include details of what will happen to the family home and any separate property should your relationship end in divorce.
Finances – You should detail any saving and spending strategies you have. For example, you may choose to have a shared savings account which you each decide to put 10 per cent of your monthly earnings into every payday.

You should include information on how you want to split these savings if the relationship ends. You should also state the financial obligations during the marriage like who is responsible for paying the rent or utility bills.

Debts – A prenup is there to protect you against any debt liability should one of the spouses find themselves in debt either before or during the marriage.

You’ll want to discuss how to handle and split any debts and financial responsibilities acquired before or during the marriage. This might cover mortgages, loans, credit card debts, and other financial commitments, ensuring both partners understand and are protected.

Inheritance – When you get married, your partner is typically entitled to half your estate. However, you can use your prenup to limit their inheritance rights.

If you receive any inheritance from your own family, you can decide if you want this to be considered a joint or separate asset.

Spousal support – You can address spousal support, also known as alimony, in your prenup. This should outline which spouse will be responsible for making maintenance payments to the other where necessary.

The amount paid should be calculated from factors such as income disparity, standard of living during the marriage and the financial needs of the receiving spouse.

You can add conditions to these payments. For instance, you could state that the spouse may only receive these payments if the marriage lasts say more than 10 years.

Additional assets – Within your prenup, you should specify who has rights to certain assets like cars, furniture, your favourite vinyl records etc. Anything you list as shared property will be split equally between the couple in the event of divorce unless stated otherwise.

If you are wondering whether a prenup is right for you, we can provide you with independent, objective advice to help you make an informed decision. Get in touch today!

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.