A 2025 YouGov poll shows growing public support for prenuptial agreements, with 55 per cent of people in favour, up from just 42 per cent two years earlier.

The figures suggest that more couples recognise that planning financially for the future does not diminish emotional commitment.

For couples with significant personal wealth, business interests, or complex family arrangements, a prenuptial (prenup) or postnuptial (postnup) agreement can be a practical way to safeguard the future, offering clarity, fairness, and reassurance should the unexpected happen.

What are prenups and postnups?

A prenup is a legal agreement entered into before marriage, setting out amongst other things, how assets, income, and liabilities would be dealt with if the relationship were to break down.

A postnup does the same, but is signed after the wedding.

While not yet legally binding in England and Wales as there is no statutory legislation which provides for this, case law shows that courts increasingly uphold these agreements when they have been properly drafted, based on full financial disclosure and independent legal advice for both parties.

Planning ahead when your finances are anything but simple

If you are entering a marriage with existing assets, perhaps a property, a business, or an inheritance, a prenup allows you to be clear about how those assets will be treated in the future.

Similarly, if your financial situation changes after marriage, a postnup can help you and your partner reach a mutual understanding that reflects your new circumstances.

They can also be helpful where one or both partners have children from previous relationships, or where family members are gifting substantial sums, such as help with a property purchase, and want clarity around how that will be protected.

Far from being unromantic, an agreement can remove financial uncertainty and let you focus on the relationship itself.

They can also be a useful part of your estate and succession planning, especially in blended families.

If you are considering a prenup, the case law says it is best to have it signed at least 28 days before the wedding to avoid claims of undue pressure.

Remember to be open and honest. A full picture of both parties’ finances is required to ensure fairness and schedules setting out the parties’ respective financial positions are attached to the agreement.

A constructive conversation

Raising the idea of a prenup or postnup may feel uncomfortable, but it can actually be a sign of care and foresight.

These agreements can help reduce uncertainty and strengthen trust, as well as make sure that each person is protected, no matter what the future holds.

If you are considering how best to protect your assets and future, we can help.

Speak to the Head of our Family & Relationship team Alison Green at alison.green@mackrell.com or on 0207 240 0521 today for clear, confidential advice.