A Love Story… with a Pre-nup

August 27, 2025

News of Taylor Swift and Travis Kelce’s engagement has captured global attention, uniting two of the most high-profile careers in music and sport.

The couple announced their engagement on 26 August 2025 via an Instagram post with the caption, “your English teacher and your gym teacher are getting married”.

The timing was notable too, with it being just 13 days after her appearance on her now fiancé’s podcast, “New Heights”.

Given Swift’s well-documented affinity with the number 13, fans were quick to suspect the date was no coincidence.

Nevertheless, beyond the romance, headlines, and carefully chosen details, their engagement also highlights a practical question many couples face. Should marriage come with a prenuptial agreement?

Is a pre-nuptial agreement the “New Romantics” of modern marriage?

As the world’s wealthiest female musician, Swift has spent two decades building an estimated $1.6 billion fortune through album sales, publishing rights and record-breaking tours.

The Eras Tour alone became the first concert tour in history to surpass $2 billion in revenue. Kelce, one of the NFL’s most celebrated players, has a career of his own worth tens of millions, alongside lucrative endorsements.

At this point, the A-listers are as much a brand as they are individuals, so a pre-nuptial agreement would make complete sense for a couple of this stature to set out a clear framework of exactly what’s “yours, mine and ours”.

Pre-nuptial agreements, however, are not just for the wealthy and famous. Increasingly, they are becoming a practical tool for everyday couples.  In fact, they’ve become a popular tool among younger generations.

For a long time, pre-nuptial agreements were often misconceived as a sign of mistrust or an expectation that the marriage might fail.

In reality, they are increasingly seen as a sensible solution to protect individual assets acquired prior to a marriage, promote financial transparency from the outset, encourage open conversations about expectations for the future, and making sure they step into the next chapter of their “Love Story” on the same page.

What can a pre-nuptial agreement include?

Although most of us would not be deciding how to divide touring revenues or Super Bowl bonuses, many couples want clarity around their finances, including assets, family wealth, or business interests they wish to protect to ensure there’s no “Bad Blood” later on.

For high-profile couples, this can also extend to reputational issues, intellectual property, or future earnings.

Here’s a breakdown of the most common clauses included in a pre-nuptial agreement:

  • Property – While we may not all own the approximate eight high-value properties that the 14-time Grammy winner has, property is one of the most common assets included in a pre-nuptial agreement. The agreement can set out who owns what at the start of the marriage and how any jointly acquired property will be divided if the relationship ends. For Swift, that could mean everything from her Tribeca penthouse to her Rhode Island mansion.
  • Savings and investments – Any money each partner has saved, along with pensions or other investments, can be addressed in a pre-nuptial agreement to ensure they are protected “All Too Well”. Couples may agree in advance how these should be treated, particularly where one partner has contributed more than the other.
  • Business interests – For those who own a company, family business or professional practice, a pre-nuptial agreement can help protect those interests, ensuring they remain intact in the event of divorce. It allows business owners to ring-fence their commercial interests, ensuring that the enterprise they have worked hard to build remains intact in the event of divorce. Without such protection, a business may become entangled in lengthy financial proceedings, meaning potentially, client and family wealth is at risk.
  • Inheritance and family wealth – If either party expects to receive a significant inheritance or has assets held in trust, a pre-nuptial agreement can provide valuable reassurance that those assets will remain protected within the family, keeping what’s yours “Treacherous”-ly safe from unintended complications. This clarity is especially important where parents or grandparents have made careful estate planning decisions and want certainty that their legacy will remain intact.
  • Debts and liabilities – Agreements can also clarify responsibility for any debts, so one partner does not become liable for the other’s financial obligations. You don’t want to be left humming, “this is why we can’t have nice things.”
  • Spousal maintenance – Couples can set expectations about whether financial support will be provided after separation, and on what terms.
  • Personal assets – From heirlooms and jewellery to intellectual property or creative rights, a pre-nuptial agreement can record how these are to be treated. In Taylor Swift’s world, that could mean songwriting credits and music rights, and for Travis Kelce, perhaps championship rings.

There are several other clauses that couples may wish to include in their pre-nuptial agreements, so discussing these openly with a solicitor can help clarify expectations, address unique assets, and ensure that both parties enter the marriage with transparency and confidence.

Are pre-nuptial agreements legally binding?

Whilst pre-nuptial agreements are legally binding and enforceable in many countries across the world, including Germany, the Netherlands, Australia, and the USA (on a state-by-state basis),  specific laws may vary.

In England and Wales, pre-nuptial agreements are not automatically binding. However, they are increasingly upheld by the courts, provided certain criteria are met. Should a pre-nuptial agreement be disputed, Judges will look at whether the agreement was entered into freely, with full financial disclosure between the parties, and whether both parties each had the opportunity to seek independent legal advice.

Crucially, the terms must also be fair and meet the needs of any children and the financially weaker spouse.

While not an absolute guarantee, a well-prepared pre-nuptial agreement now carries significant weight and can be highly persuasive in financial remedy proceedings on divorce.

In the landmark case Radmacher (formerly Granatino) v Granatino [2010] UKSC 42, the Supreme Court confirmed that a pre-nuptial agreement could be given significant weight in divorce proceedings, provided it was entered into freely, with full understanding, and without undue pressure.

Should you consider getting a pre-nup?

For Swift and Kelce, the spotlight may never dim. For the rest of us, their engagement is a reminder that marriage is both a romantic and a legal commitment, “both of these things can be true”.

The purpose of a prenuptial agreement is not to undermine marriage, but rather to support it. A well-considered prenup can provide clarity and security, helping couples enter into marriage with confidence.

Of course, the hope and intention are always that a marriage will be long-lasting and fulfilling.

However, many couples today have witnessed the breakdown of relationships around them and the emotional and financial strain that can follow.

By addressing these issues in advance, couples can reduce the likelihood of conflict and uncertainty in the future.

A pre-nuptial agreement allows them to agree, from the outset, on how their financial and property arrangements should be managed, both during the marriage and, if necessary, in the event of its breakdown.

Whether your assets are measured in billions or are something more modest, a carefully drafted pre-nup can offer peace of mind and protect what matters most to you.

Contact our family law team today to discuss a pre-nuptial agreement.

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