Love And Logic: Why Should You Consider A Prenuptial Agreement?

As we move further into 2026, many loving couples of all backgrounds will be preparing for their 2026 wedding and civil partnership ceremonies. Today's couples often are more informed, more pragmatic, and more protective of the lives they built before saying "I do" Many couples are getting married, or entering Civil Partnerships, later in life, having built up assets in their own names. At Giambrone & Partners, we have seen a significant rise in clients seeking prenuptial agreements, not out of a lack of trust, but as a proactive step toward a secure future.

While the primary function of a prenuptial agreement is to define and ring-fence assets, its positive impact on the relationship itself is often overlooked.

• Transparency: The process requires full financial disclosure. Discussing your financial situation before the wedding fosters a level of honesty that serves as a strong foundation for the years ahead.
• Conflict Mitigation: By deciding "what-if" scenarios while you are at your happiest, you remove the "fear of the unknown." Should the relationship end, the emotional toll can be significantly reduced because the financial roadmap is already drawn and there is clarity moving forward.
• Protection of Legacy: For those entering second marriages or blended families, a prenuptial agreement can ensure that children from previous relationships are protected and that family heirlooms or businesses remain within the intended lineage.

Is It Legally Binding in 2026?

A common question is: "Will the court actually listen to this?" Following landmark rulings like Radmacher v Granatino and the ongoing legislative discussions in 2026 regarding "qualifying nuptial agreements," the answer is a yes, provided the agreement is drafted with rigour and meets certain criteria.

To ensure that an agreement will be upheld by the courts, and significant weight given to its terms, an agreement must generally meet these criteria:

• Independent Legal Advice: Both parties must have their own representation.
• Full Disclosure: No hidden assets or "surprises."
• The 28-Day Rule: The agreement should be signed well in advance of the wedding to ensure no one feels pressured, following a strict timeline.
• Fairness: It must meet the basic needs of both parties and any children involved. An agreement which is manifestly unfair is less likely to be given weight by the court.

Whilst not usually considered romantic, entering into a prenuptial agreement is a sign of respect for your partner and your joint future. It allows you to write your own rules rather than leaving your fate to the discretion of a court. Often, it provides a solid base for couples to build their future married life and partnership together.

Cross-Border Assets

In a world that is more interconnected than ever, many of our clients possess international assets. Often, specialist, multi-jurisdictional advice is required tailored to a couple's individual circumstances.

Different countries have vastly different views on matrimonial property. For example, while English courts retain wide discretion to ensure fairness, many civil law jurisdictions in Europe operate under strict community of property regimes unless a specific contract says otherwise. By drafting an agreement that acknowledges the laws of every country where you hold significant assets, using multi-jurisdictional advice, we provide a global shield that ensures your intentions are respected.

Equality and Protection for LGBT+ Couples

While 2026 marks another year of celebrated progress for marriage equality, the legal history of many LGBT+ relationships often predate the ceremony. Many couples we advise have been together for decades, cohabiting long before legal marriage or civil partnership was an option. This can create legal blind spots regarding when assets transitioned from individual to joint property.

A prenuptial agreement is an essential tool for LGBT+ couples to define the narrative of their relationship. It allows you to:

• Explicitly state which assets were acquired during the long-term cohabitation phase versus the legal marriage phase.
• Ensure that if children are involved, whether through surrogacy, adoption, or donor arrangements, that their financial security and inheritance rights are explicitly ring-fenced.
• Create a framework that reflects your specific values and lifestyle, rather than relying on default state laws that were historically designed for different family models.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.