Irwin Mitchell – New Year’s Resolutions: Have You Considered a Nuptial Agreement?
With the start of the New Year, we all look to what 2026 might bring. For some, this will include the excitement of upcoming nuptials! It is the Year of the Horse (from 17 February 2026) which, for any zodiac believers, is deemed to be an auspicious time to marry.
Whilst the to-do lists often consist of catering, outfits and the ever-difficult guest list, one thing often overlooked are prenuptial agreements. Whilst they are not the most romantic topic, they are a crucial consideration in looking to protect assets in the context of marriage or civil partnerships.
What Are Nuptial Agreements?
Simply put, a nuptial agreement sets out what happens to your assets if a marriage or civil partnership ends. A prenuptial agreement is entered into before the wedding, and a postnuptial agreement afterwards. These agreements are not one-size-fits-all – they need to reflect your circumstances, which brings added complexity for some couples.
The courts in England and Wales must consider all the relevant circumstances when deciding how to divide parties’ finances upon divorce or dissolution of a civil partnership. No agreement between the parties can override the legislation, but a nuptial agreement will be a ‘relevant circumstance’ to be considered by a judge. In practice, they will have a substantial impact on a judge’s decision, and provided the agreement is broadly fair, in that it meets the “needs” of both parties, it is likely to be upheld.
Why Might You Need a Nuptial Agreement?
If you own a business, property, or have savings you wish to ringfence, a nuptial agreement can provide clarity and peace of mind. They can also be particularly relevant in the context of inter-faith marriages or for those with cultural traditions that influence financial arrangements. At Irwin Mitchell, we have dedicated International, Religious and Cultural Teams of Excellence who understand these sensitivities and can guide you through the process with care.
International Considerations
Life doesn’t always stay in one place. Many couples marry in England or Wales but later move abroad, or have assets overseas. In these cases, specialist advice is essential – both here and in the country you are moving to or have assets located in. We often recommend including terms in the nuptial agreement expressing an intention for the agreement to apply wherever you may live in the future, and if there is already an intention to move to a particular place in years to come, a foreign lawyer from that jurisdiction should provide advice and input into the English nuptial agreement.
Irwin Mitchell’s team includes members of the International Academy of Family Lawyers, giving us access to a global network of lawyers to help you navigate these complexities.
A Thought for the New Year
Many people are unaware that marriage is, at its core, a legal contract with far‑reaching financial consequences. A nuptial agreement is not about anticipating the worst, but about planning sensibly and safeguarding the things that matter most.
So, as we all set our resolutions for 2026, it is worth giving thought to whether a nuptial agreement should be on your list.
To learn more about how Irwin Mitchell can provide tailored advice on nuptial agreements, visit our website.