Prenuptial agreements are often viewed as something reserved for the ultra-wealthy or celebrity couples. In reality, they are becoming an increasingly important tool for business owners, professionals, individuals with inherited wealth and anyone entering marriage with assets they wish to protect.
A recent Family Court decision provides a timely reminder of just how influential a well-prepared prenup can be when a marriage comes to an end.
In IC v AD [2026] EWFC 224, the court considered the financial consequences of a divorce involving assets worth more than £26 million. While the figures involved were exceptional, the legal principles are relevant to many couples seeking certainty about their financial future.
Why this case matters
The couple had been together for more than 14 years, had two children and amassed significant wealth during the relationship. Before marrying, they entered into a prenuptial agreement after obtaining independent legal advice and exchanging financial disclosure.
When the marriage broke down, the central dispute was not whether the agreement existed, but whether it should be upheld and how it should be interpreted. More than £1 million was spent on legal fees as the parties argued about the financial outcome.
Ultimately, the court concluded that the prenup had been entered into freely, with appropriate advice and disclosure, and should carry significant weight. Although the wife’s housing and income needs were met, the agreement was instrumental in protecting substantial assets held by the husband, including business interests and investments.
The growing influence of prenups
A common misconception is that prenuptial agreements are not enforceable in England and Wales. While they are not automatically binding, courts are increasingly willing to uphold them where they have been properly prepared and where doing so is considered fair.
The decision reinforces the principle established in Radmacher v Granatino that individuals should generally be held to agreements they have entered into voluntarily and with a full understanding of the implications. For couples seeking certainty, a prenup can be a valuable tool for protecting wealth and managing expectations should a relationship later come to an end.
What does this mean for clients?
While few divorces involve assets worth tens of millions of pounds, many people have legitimate reasons for wanting to protect assets before marriage, including:
- Family businesses
- Inherited wealth
- Property owned before the relationship
- Farming or landed estate interests
- Investment portfolios
- Situations where one party enters the marriage with significantly greater wealth
For business owners in particular, a prenup can help reduce uncertainty and minimise the risk of disputes affecting the future of a business, its stakeholders and long-term growth.
A prenup is only as strong as its preparation
The case also demonstrates that the effectiveness of a prenuptial agreement depends heavily on how it is prepared. Although the court upheld the agreement, the judge criticised aspects of the drafting, and significant costs were incurred because the parties disagreed about what certain provisions meant.
A well-drafted prenup should be tailored to the couple’s circumstances, clearly explain how assets will be treated and minimise the scope for future disputes. Independent legal advice and full financial disclosure remain critical factors when courts assess the weight to be given to an agreement.
Timing also matters. Best practice is to begin discussions several months before the wedding and to have the agreement signed at least 28 days before the ceremony. This helps demonstrate that both parties had sufficient time to consider its implications and obtain advice.
Planning for the future, not planning for failure
Perhaps the most important takeaway from this decision is that prenuptial agreements should be viewed as sensible financial planning rather than preparation for divorce.
In much the same way as making a will or putting in place a shareholders’ agreement, a prenup provides clarity and certainty should circumstances change in the future.
No agreement can completely remove the court’s discretion. However, this case demonstrates that where a prenup has been carefully prepared and remains fair, the courts are increasingly willing to respect the choices couples have made for themselves. For individuals with business interests, inherited wealth or significant assets, taking advice at an early stage could be one of the most effective steps they can take to protect their financial future.
For more information, please contact...
Catherine Lowther
Head of Family
Catherine Lowther is Head of Family and a Senior Managing Associate at Swinburne Maddison. She joined the firm as a Trainee Solicitor in 2014,…
