You may be planning a wedding while also owning a home, building a business or bringing savings into the relationship. Raising the subject of a prenup can feel awkward, but for many Millennials and Gen Z couples it is becoming a practical part of planning their future together, rather than a sign that they expect the marriage to fail.

If Millennials (generally born between 1980 and 1995) and Gen Z,(born from 1997 onwards) have more assets to consider before they marry it makes sense that they want to understand how marriage could affect what they have worked hard to achieve. There is also a more personal side to this. Divorce is no longer an abstract possibility for many young people. Having seen divorce affect parents, relatives or friends, many understand that relationship breakdown can bring significant financial as well as emotional challenges. If prepared and negotiated fairly, a prenup allows couples to discuss these issues before they become a source of conflict. But how much protection does one actually offer…are prenups legally binding?

In England and Wales, prenups are not automatically binding.. However, the Supreme Court decision in Radmacher v Granatino [2010] established that courts should generally give effect to an agreement entered into freely by both parties, with a full understanding of its implications, unless it would be unfair to do so.

In June 2026, the Law Commission published its paper "A Fairer end to relationships," in which it proposed that these agreements should become legally binding contracts provided they meet strict procedural safeguards. This reform would represent a major shift in English family law, from judicial discretion towards greater respect for personal autonomy and financial planning – or putting it bluntly, “bringing the law into the 21st century.”

Independent legal advice, full financial disclosure and sufficient time to consider the agreement are all important. A prenup cannot guarantee how a court will approach a future divorce, but it can carry significant weight.

What can a prenup help you address?

Depending on your circumstances, a prenup can record how you intend to deal with:

• a home owned by one of you before the marriage;
• family wealth, gifts or a future inheritance;
• business interests or shares;
• savings, investments and pensions;
• financial responsibilities during the marriage; and
• the provision each person might receive if the relationship ends.

It can also provide an opportunity to discuss finances openly before marriage, reducing uncertainty and the scope for disagreement later.

Perhaps the Gen Z approach to prenups reflects a wider generational shift in attitudes from the idea of a “traditional” relationship with one financially stronger partner, towards financial transparency and mature decision making. Importantly, prenups can help both people understand what they are bringing into a marriage, how they want their finances to be treated and what provision might be appropriate if circumstances change. Rather than viewing a prenup as a sign that a couple expects their marriage to fail, younger generations may see it as an opportunity to have an honest conversation about their future.

If you are considering a prenup, it is sensible to take advice well before the wedding. Starting early gives both of you time to exchange financial information, obtain separate legal advice and consider the agreement without unnecessary pressure.

Our family law team can explain how a prenup may apply to your circumstances and help you approach the process constructively and sensitively. Contact us for an initial confidential discussion.