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Is a prenup right for you?
You are considering a contracting-out agreement but you are not sure if it is the right choice. This guide helps you work through the decision.
Questions to ask yourself.
Before deciding, honestly consider these questions. If you answer yes to any of them, a contracting-out agreement may be worth considering.
Do you have assets you brought to this relationship?
Property, investments, business interests, or significant savings you had before you got together.
Have you received or expect to receive an inheritance?
Many people want to protect inheritances, especially when they represent family wealth passed down through generations.
Do you have children from a previous relationship?
Protecting your children's interests while providing for a new partner is a common reason for agreements.
Does either of you own a business?
Business interests can become complicated in relationship property matters, especially if the business grows during the relationship.
Are your financial positions significantly different?
When one partner has considerably more assets than the other, clarity can prevent future disputes.
Is this a second or subsequent relationship for either of you?
Second relationships often involve existing assets, children, and established financial positions that benefit from clear agreements.
If you answered yes to any of these questions, a contracting-out agreement may be worth considering.
Signs you should seriously consider one.
Some situations particularly benefit from the clarity an agreement provides.
Myths debunked.
"Prenups are only for wealthy people"
Reality: Agreements are valuable for anyone with assets to protect, including the family home, a business, or expected inheritance. You do not need to be wealthy to benefit from clarity.
"Getting a prenup means you expect to separate"
Reality: Having a will does not mean you expect to die tomorrow. A prenup is sensible planning, not a prediction. It removes uncertainty and lets you focus on your relationship.
"Prenups are unromantic and show a lack of trust"
Reality: Many couples find that discussing finances openly strengthens their relationship. Knowing where you stand reduces anxiety and builds trust through transparency.
"A trust protects everything anyway"
Reality: Courts can look through trusts in relationship property matters. A contracting-out agreement provides more direct and certain protection.
"It is too late if we are already married"
Reality: You can enter into a contracting-out agreement at any time, including during your marriage. It is never too late to create clarity.
How to decide together.
This should be a joint decision. Here is a sensible approach.
Contact Us early
Do not wait until the week before your wedding. Give yourselves time to discuss without pressure.
Frame it positively
Present it as creating clarity and security, not as protection against your partner.
Be open about your reasons
Whether it is protecting children, honouring family expectations, or securing your business, being honest about your motivations helps your partner understand.
Consider getting advice first
A preliminary conversation with a lawyer can help you understand your options before you discuss with your partner.
Listen to concerns
Your partner may have valid concerns or questions. Taking these seriously and addressing them builds trust.
When it might not be necessary.
A contracting-out agreement is not essential for everyone.
You may not need one if:
- Neither of you has significant assets and you are starting fresh together
- You are both comfortable with the default equal-sharing rules
- You do not have children from previous relationships
- There are no inheritances or family assets to consider
Even then, understanding what the law says is valuable. The default rules may not work the way you assume.
Key Takeaways
- Contracting-out agreements suit anyone with assets, children, or inheritances to protect
- Having an agreement is sensible planning, not a sign of distrust
- Many myths about prenups are simply wrong
- The decision should be made together, with open communication
- Getting advice early helps you understand your options
Related Guide
Understand how relationship property law applies to your situation and your agreement options.
Read the Where Do I Stand? GuideRelated Reading
Contracting-Out Agreements: What the Law Actually Says
Understanding the Property (Relationships) Act 1976, requirements for valid agreements, when agreements can be challenged, and what the courts have said.
Protecting Inheritance in a New Relationship
How inheritance becomes relationship property, the mortgage pay-off trap, and your options for protection. A guide for those who have received or expect to receive an inheritance.