Could this be a landmark moment for relationship law?
In August 2026, the government's consultation, “A Fairer End to Relationships”, closed, after inviting views on some of the most significant proposed changes to relationship law in a generation. At its heart, the consultation explored whether pre- and post-nuptial agreements should be made legally binding in England and Wales – a move that would fundamentally shift how couples' finances are handled if a marriage breaks down.
Currently, prenuptial agreements are not automatically enforceable. The courts retain the final say over financial settlements on divorce, though they do give prenups considerable weight when deciding outcomes. The proposed reforms would go further, creating a legal foundation that gives these agreements genuine legal force – provided certain conditions are met.
The consultation also proposed changes for financial claims between cohabitants on separation. This is significant. Millions of couples in England and Wales live together without marrying, often with the assumption of legal protections they simply don’t have.
The so-called 'common law marriage' is a myth. But if these proposals become law, separating cohabitants could, for the first time, have a clear legal route to making financial claims against one another – making financial planning for unmarried couples just as important as it is for those who are married.
It’s worth noting that these remain proposals at this stage – no legislation has been passed, and the current legal position is unchanged, pending the government's response to the consultation.
Why prenups deserve a place in your financial plan
There’s a persistent misconception that prenuptial agreements are the preserve of the very wealthy, or that suggesting one signals a lack of trust in a relationship. Neither is true. A well-constructed prenup is, at its core, a financial planning tool – one that protects both parties, not just the wealthier one.
Think of it in the same way as taking out insurance. You don’t insure your home because you expect it to burn down. You do it because you’re a sensible person who understands that life does not always go as expected. A prenup works on exactly the same principle: it’s a considered, forward-looking decision made at a time when both parties are thinking clearly and working together, rather than in the heat of a separation.
Without a prenup, it's the courts – not the two of you – who have the final say.
The Office for National Statistics' cohort analysis has found that 42% of marriages from earlier decades in England and Wales ended in divorce or separation. That isn’t a reason to be pessimistic about love – but it is a very good reason to plan ahead. Even in separations where both parties are genuinely trying to be fair, reaching a financial settlement can be a long, emotionally draining, and expensive process. A prenup can significantly reduce that burden.
The conversation that advisers can help start
One of the most valuable – and perhaps surprising – roles a financial adviser can play is helping to open the conversation about prenuptial agreements. In our experience, clients often find it easier when the subject is raised by their adviser rather than a parent or family member. When a parent raises it, it can feel like a judgement on the relationship. When an adviser raises it as part of a broader financial planning conversation, it sits naturally alongside other sensible steps: writing a will, reviewing life insurance, or setting up lasting powers of attorney.
Pre- and post-nuptial agreements should be a normal part of any open, honest discussion about finances as a couple. They’re not a sign of pessimism – they’re a sign of maturity and mutual respect.
When a prenup matters most
While prenuptial agreements can be valuable for any couple, there are circumstances where they become particularly important.
For people embarking on a second marriage, the desire to keep certain assets separate – whether to protect children from a previous relationship or to preserve financial independence built over many years – is entirely understandable. A prenup provides a clear, agreed framework for doing so.
Prenups can also address assets that do not yet exist. If one or both partners are expecting an inheritance, or if parents are planning to make significant gifts, a prenup can specify how those future assets would be treated in the event of a separation. This can be enormously reassuring for parents who want to support their children financially but worry about what happens to those gifts if a relationship breaks down. It removes ambiguity and, with it, a great deal of anxiety.
Planning for a second chapter
Entering a new relationship later in life brings its own particular financial complexity. You may have spent decades building assets, navigating a previous divorce settlement, and making financial decisions with your children's futures firmly in mind. A prenup or post-nuptial agreement can ensure that history is properly recognised and protected. Far from being a sign of hesitation, it’s often the most considered and caring thing you can do for everyone involved, including your new partner.
Getting it right: the importance of proper process
For a prenuptial agreement to carry genuine weight – and, under the proposed new framework, to be legally binding – it must be done properly. Both parties need independent legal advice. Both need adequate time to consider the agreement carefully.
This isn’t something that can be rushed through in the days before a wedding; the courts have historically been reluctant to uphold agreements that appear to have been signed under pressure or without full understanding.
The financial planning element is equally important. A prenup should reflect an accurate and transparent picture of both parties' current financial positions, including assets, liabilities, income, and any anticipated future wealth.
We work alongside specialist family law solicitors to model the financial implications of different agreement structures, check that the agreement works alongside your wider financial and inheritance plans, and ensure the numbers reflect your full financial picture.
Planning ahead, together
Whether you’re planning a first marriage, entering a new relationship later in life, or simply living together and wondering what protections you have, the right conversation, at the right time, can make an enormous difference. We’re here to help you have it. Reach out to your Rathbones adviser or complete our enquiry form below and we’ll be in touch.
