Protecting wealth, business interests and inheritance: The role of prenuptial and postnuptial agreements

Significant personal or family wealth brings both opportunity and responsibility. For many high-net-worth individuals, effective planning is essential to safeguard assets and support long-term goals. Prenuptial and postnuptial agreements are an important part of that planning. They set out how property, investments, business interests and inherited wealth should be treated if the relationship ends. They provide clarity and reduce uncertainty.

Why these agreements are becoming more common

Prenuptial and postnuptial agreements are now far more common than they were a decade ago, and several factors have contributed to this shift. Courts are giving greater weight to these agreements when they are fair and transparent, which has increased confidence in their value. Couples are also more aware of the financial impact of divorce and the advantages of avoiding prolonged litigation.

Public attitudes have changed in recent years. A YouGov poll from earlier this year found that 55 per cent of adults view these agreements positively, up from 42 per cent two years earlier, and there is broad support for greater certainty around their enforceability. This reflects a wider trend in how people approach relationships and personal finance.

Many individuals now enter marriage later in life with established careers, property, investments or children from previous relationships. Younger generations may already hold considerable wealth, either through inheritance or their own business or investment activity, which increases the appeal of clear financial planning. At the same time, the growth of family businesses and multigenerational estates has made succession planning more important. Together, these developments have positioned prenuptial and postnuptial agreements as practical and widely accepted planning tools rather than something seen as exclusive or unusual.

What a prenuptial or postnuptial agreement can achieve

A carefully structured prenuptial or postnuptial agreement can provide protection across many areas of a couple’s financial landscape. It can clarify how property, investments, business interests and inherited wealth should be treated. It can also set clear expectations around future income, asset growth and financial arrangements for children from earlier relationships.

For business owners, these agreements help maintain company stability and offer reassurance to shareholders. Families with significant or long-standing wealth also benefit from the certainty they provide, especially where assets are intended to pass through several generations. In these situations, an agreement can support wider succession planning and help preserve the integrity of family wealth over time.

When these agreements are used

A prenuptial agreement, as the name suggests, is completed before marriage. Both parties must provide full financial disclosure and have independent legal advice. The agreement must be signed in good time to ensure that no one feels pressured.

A postnuptial agreement is completed after marriage. Couples may use them when circumstances change, such as after receiving an inheritance, acquiring new assets or selling a business. They may also be used where a prenuptial agreement was not completed in time. Postnuptial agreements carry the same weight and require the same level of openness.

How the court approaches prenuptial and postnuptial agreements

Courts in England and Wales are willing to give significant weight to prenuptial and postnuptial agreements when certain conditions are met. The terms must be fair, both parties must have understood the agreement and entered into it freely, and each must have received independent legal advice supported by full financial disclosure. The agreement must also meet basic financial needs. When these requirements are satisfied, courts will often uphold what the couple agreed.

How Dean Wilson can help

Our Family team advises high net worth individuals, entrepreneurs, landowners, company directors and families with inherited or international wealth. Many matters involve business structures, trusts and overseas assets. We work closely with wealth managers, accountants and family offices to ensure that each agreement supports wider financial planning.

We approach every case with discretion and care. Our aim is to give clients clarity and long-term protection.

To speak confidentially about a prenuptial or postnuptial agreement, please contact the Family Law team at Dean Wilson.

Frequently Asked Questions

Are prenuptial and postnuptial agreements legally binding?

• They are not automatically binding, but courts usually follow them if they are fair, transparent and based on full legal advice.

Do we both need separate lawyers?

• Yes. Independent legal advice is essential for each party.

Can these agreements protect a family business?

• Yes. They can help protect shares, maintain business continuity and support long term succession plans.

Can we include assets held overseas?

• Yes. International assets can be included. Additional advice may be needed where foreign jurisdictions are involved.

Can inherited wealth be protected?

• Yes. These agreements are often used to protect inherited or gifted assets and to support wider family estate planning.

Can a postnuptial agreement be made many years after marriage?

• Yes. Timing does not reduce effectiveness. Fairness, transparency and legal advice are the key factors.

How often should the agreement be reviewed?

• It is necessary to periodically review the agreement and to revise its terms when there has been a significant change in circumstances. This might include the birth of children, the growth of a business or the acquisition of significant new assets.