A prenuptial agreement, commonly known as a prenup, is a legal contract entered into by a couple before marriage, outlining the division of assets and financial responsibilities in the event of divorce or death. If partners are entering into a civil partnership, the agreement is called a pre-registration agreement.
This article refers to prenups and applies to pre-registration agreements too. Creating a prenup can be a practical step in protecting your assets and ensuring financial clarity. Here we provide an example of how a prenup could help and guide you through the essential elements to consider before seeking specialist advice in relation to your own prenup.
A prenuptial agreement example
Daisy and Donald are due to be married in six months’ time. Daisy has a flourishing jewellery business, which she started with her friend. It has been doing very well and is expected to continue to grow. Donald’s family have a farm, which has been in the family for generations and he has been involved in running the farm for some time.
Donald has previously been married and has two children from his previous relationship. Daisy also has a child from her previous relationship.
Daisy is keen to protect her interest in her jewellery business and Donald is keen to protect the family farm; both wanting to ensure their children from previous relationships, and any children they may have together, will inherit from the business or farm respectively.

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Why do you need a prenup?
A prenup offers several benefits, including:
- Asset protection: Safeguard personal and family assets. For Daisy, this would be her jewellery business and for Donald this would be the family farm.
- Debt clarification: Define responsibility for pre-existing debts.
- Financial security: Ensure fair division of assets and financial support.
- Conflict reduction: Minimise disputes in the event of divorce or dissolution of a civil partnership.
Understanding these benefits underscores the importance of considering a prenup.
Key elements of a prenup
Full disclosure of assets and liabilities
A valid prenup requires both parties to fully disclose their financial situations, including assets, liabilities, income, and expenses. This transparency ensures fairness and prevents future disputes.
For both Daisy and Donald, this would be disclosing all assets including those relating to the jewellery business and the family farm, which may include trust assets or partnership agreements.
Division of assets
Clearly outline how assets acquired before and during the marriage or civil partnership will be divided. Specify which assets remain individual property and which will be considered marital property.
For Daisy and Donald, it will also be considering how to ensure the children benefit from the business and the family farm, to keep them intact and viable in the event the marriage breaks down.
Spousal support
Determine if any spousal support (sometimes referred to as alimony) will be provided in the event of divorce or dissolution. Specify the amount, duration, and conditions under which it will be paid.
Debt responsibility
Clarify how existing debts will be managed and who will be responsible for any debts incurred during the marriage or civil partnership. This helps prevent future financial burdens.
Inheritance and estate planning
Include provisions for inheritance and estate planning, ensuring that assets are distributed according to your wishes in the event of death.
For Daisy and Donald, this will be considering how to ensure their children benefit from their respective assets of the jewellery business or the family farm.
Dispute resolution
Outline methods for resolving disputes, such as mediation or arbitration, to avoid lengthy and costly court battles, in the event that in the future there is a dispute which may need expertise or assistance to resolve.
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What is the first step?
You need to communicate with your partner about wanting a pre-nuptial agreement. This can be a tricky conversation to initiate but it is best to be open and honest about why you are seeking this course of action.
By being open and honest, you can then ensure you and your partner are aligned on your aim for the agreement before you embark upon contacting a specialist for their advice. If you need any help broaching this topic, a solicitor can assist you with this too.
How our solicitors can help you
A prenuptial agreement is a valuable tool for protecting your financial interests and ensuring a fair division of assets. By understanding the key elements you can be prepared when seeking expertise to help you protect your assets in the event of a divorce or dissolution. If you are considering a prenup, it is advisable to consult with a solicitor to ensure that the agreement is comprehensive, legally sound, and tailored to your specific circumstances.
At Moore Barlow, our prenup agreement solicitors offer expert guidance and support in drafting prenuptial agreements. Contact us today to learn how we can help you protect your financial future.
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Helping you with your prenup needs
Our legal team provides expert advice and representation for couples during the key relationship milestones, helping you navigate the complexities.