Getting married in 2026? 5 things to think about from a legal perspective

1. Should you get a pre-nuptial agreement?

What is a pre-nup?

A pre-nuptial agreement (often shortened to “pre-nup”) is a legal document made before marriage that sets out what should happen to finances, property, and assets if the relationship ends.

Pre-nups used to be seen as something only celebrities needed, but in reality, they’re increasingly common for couples who want to:

• protect assets they already own
• safeguard inheritances or family wealth
• ringfence business interests
• ensure children from a previous relationship are provided for
• avoid uncertainty and conflict later

Are pre-nups legally binding in the UK?

In England and Wales, pre-nups are not automatically legally binding, but the courts can give them significant weight in the event of divorce, provided they are entered into freely and fairly.

What makes a pre-nup more likely to be upheld?

Good pre-nups typically:

• include full financial disclosure from both partners
• involve independent legal advice for each person
• are made enough time before the wedding
• include terms that are fair, especially where children are involved

2. Are you forming a civil partnership instead of getting married?

Some couples choose to enter a civil partnership rather than marry. Civil partnerships come with many similar legal rights and responsibilities (especially around finances and inheritance), but there can still be differences depending on personal circumstances.

Do civil partnerships need agreements too?

Yes, you may want a pre-partnership agreement (similar to a pre-nup) to help clarify what should happen if you later separate or dissolve the civil partnership.

This can be particularly important if:

• one partner is financially stronger than the other
• there are children from earlier relationships
• there are significant family assets involved

3. If you’re living together first, do you need a cohabitation agreement?

It’s very common for couples to live together before marriage, but it’s important to understand that unmarried partners do not have the same legal rights as married couples or those in a civil partnership.

That means if you separate before the wedding, the legal position can be unexpectedly complicated particularly if you’ve:

• contributed to mortgage payments
• renovated a home
• paid bills unevenly
• moved into a partner’s property
• got a joint bank account or loan

What is a cohabitation agreement?

A cohabitation agreement sets out what happens if you split up while living together. It can cover things like:

• who owns what and in what shares
• who pays the mortgage and household bills
• what happens if one partner moves out
• arrangements for joint purchases

Cohabitation agreements are a practical way to reduce stress and avoid disputes, especially when couples are taking big financial steps before marriage.

5. Are you prepared for the “what if” scenarios?

No one plans to separate, but good legal planning is about protecting both of you if life doesn’t go as expected.

Divorce is different now

Since reforms came into force, couples can apply for divorce without blaming each other (“no-fault divorce”), which is designed to reduce conflict.

Even with a more modern process, separation can still be stressful and expensive, particularly where there are:

• children
• property
• pensions
• debts
• business assets

Other “what ifs” to consider

As well as relationship breakdown, it’s worth thinking about:

• what happens if one of you becomes seriously ill
• whether you need a Lasting Power of Attorney
• who would make decisions if you couldn’t
• whether you’ve updated beneficiaries on pensions or life insurance