Couples “tying the knot” are to have more freedom over how/where they say “I do”, with reforms allowing them to get married on beaches and at heritage sites. Under the reforms, couples will be able to marry in a wider range of locations provided venues meet strict standards of being appropriate and dignified.
Announced on 2 October 2025, this is undoubtedly the biggest overhaul to marriage law since the 19th century. Not only that, but such reform could also create up to 12,000 jobs and add over £100 million to the public purse. The reforms will give couples more choice in how they get married, making the process simpler, fairer and less costly, while ensuring the dignity and integrity of marriage is protected.
These changes will mean marriage law reflects modern Britain, making it more straightforward for couples to have legally binding religious ceremonies - including Sikh, Muslim, Buddhist and Hindu weddings - and allow non-religious groups, such as Humanists, to conduct legally binding ceremonies for the first time.
So with more weddings on the horizon, what better time to consider a Pre-Nuptial Agreement. Such Agreements are shifting from being an awkward, unromantic conversation to being considered as a smart option. Once only thought necessary for the wealthy or famous, Pre-Nuptial Agreements are now seen as sensible life admin, very much like preparing a Will.
Whilst such Agreements are not yet legally binding, if they are done properly, with expert legal advice, they carry weight in the event of a separation/divorce in the future. There is talk of reform; in February 2025 ministers told the House of Lords they are considering the Law Commissions report of December 2024 and their proposal of “qualifying nuptial agreements” that would be binding if strict criteria are met.
So what can/can’t a Pre-Nuptial Agreement do?
The agreement can:
- Ring-fence non-matrimonial assets (e.g. pre-marital property, family businesses, gifts, inheritances)
- Set expectations for how post-marital assets are treated (e.g. savings, equity built during marriage)
- Agree approaches to spousal maintenance (within fairness limits)
- Reduce uncertainty and litigation risk in the event parties separate
The agreement cannot:
- Be heavily one-sided or include unreasonable terms
- Include Child arrangements
- Include Rules about personal behaviour, lifestyle, appearance or household duties
- Dictate claims on speculative income or future earnings
To make an Agreement robust, the following should be done:
- Both parties should seek their own independent legal advice
- The agreement should be signed in advance of the wedding – at least 28 days before the ceremony but preferably earlier
- Full and frank financial disclosure must be exchanged
- Both parties should fully understand what the Agreement entails and the impact of it
- Neither party should be placed under pressure to sign. Both parties must confirm they are signing the Agreement with the full understanding of what it means, what is intended and they understand and intend to be bound by the terms
- Pre-nuptial agreements must be signed and witnessed
If you are thinking about a Pre-Nuptial Agreement, or have been asked to enter into an agreement and need independent legal advice, then please get in touch - in plenty of time in advance of your wedding!