When most people think about a prenuptial agreement, they picture two individuals documenting what they currently own before they marry. However, the scope of a prenuptial agreement in the UK can extend much further than that. 

One of the most important and sometimes overlooked features of a well-drafted prenup is its ability to address future assets, things you do not yet own but may acquire or earn during the course of your marriage.

This forward-looking dimension is particularly valuable for entrepreneurs, professionals on a rising career trajectory, those expecting inheritances, and anyone whose financial circumstances are likely to change significantly over the years ahead. At Regent Law, our prenup solicitors work with clients to draft comprehensive agreements that not only reflect today’s financial reality but plan ahead for tomorrow’s.

What Are Future Assets?

In the context of a prenuptial agreement before marriage, future assets refers broadly to any property, wealth, or financial interest that does not yet exist at the time the agreement is signed but may be acquired or created during the marriage. Examples include:

A business started after the wedding. Shares, stock options, or bonuses earned during the marriage. Property purchased with pre-marital savings or inherited money after the wedding. An inheritance or significant gift received after marriage. 

Intellectual property rights or creative royalties developed during the marriage. Pension rights accrued after the agreement is signed.

Without specific provisions, the default position of English law is that assets acquired during the marriage may be treated as matrimonial property and subject to division on divorce. A prenuptial agreement is one of the few mechanisms available to change this default, subject to certain conditions.

Can Future Assets Legally Be Included in a Prenup?

Yes, they can. A prenuptial agreement in the UK can include clauses that deal with categories of future assets, even if the specific assets cannot be named at the time of signing. Courts in England and Wales, guided by the principles established in Radmacher v Granatino [2010], will generally give effect to such provisions provided the agreement is fair, both parties understood what they were agreeing to, and both had independent legal advice.

That said, including future assets in a prenup requires particularly careful drafting. The more speculative the future asset, the more important it is to be precise about the conditions under which the clause applies. A skilled prenup solicitor will know how to strike the right balance between providing meaningful protection and drafting provisions that a court will consider fair and reasonable.

Common Ways Future Assets Are Addressed in Prenups

Business Ventures

If you plan to start a business after marriage, or are in the early stages of one, the prenup can specify how that business will be treated. It might state that any business founded after the wedding by one party using their own pre-marital capital will remain non-matrimonial, or it might draw a distinction between the starting capital and any growth generated during the marriage.

Inherited Wealth

A prenuptial agreement before marriage can anticipate future inheritances, particularly if it is known that one party will likely receive a significant sum. The agreement can specify that any inheritance received by either party during the marriage shall remain their separate property, regardless of when it is received.

Career Earnings and Bonuses

In high-earning professions such as finance, law, or medicine, significant wealth may be accumulated during the marriage through salaries, bonuses, or partnership draws. A prenup can address how these earnings are treated, including whether they are pooled into joint matrimonial finances or retained separately.

Property Purchased During Marriage

If one party intends to purchase property during the marriage using pre-marital funds or inherited money, the prenup can set out that such a property is non-matrimonial, preventing any automatic claim by the other party.

Intellectual Property and Creative Works

For artists, authors, inventors, and developers, intellectual property created during the marriage can have significant value. A prenup can address ownership of such rights and any income they generate.

Important Limitations to Consider

While future assets can be addressed in a prenuptial agreement, there are important limitations to keep in mind:

Courts Retain Discretion

English courts can depart from a prenup if enforcing it would cause serious financial hardship, particularly to a financially weaker spouse or to any children of the marriage. A prenup that leaves one party with nothing, despite significant assets being generated during the marriage, is unlikely to be upheld in its entirety.

Changing Circumstances

An agreement drafted before marriage may not anticipate every change in circumstances. A dramatic increase in one party’s wealth, the birth of children, or a significant change in the non-owning spouse’s financial position can all affect how a court views a prenup later on. This is why we strongly recommend including a review clause.

The Need for Fairness

For future asset clauses to be effective, the overall agreement must be fair. A prenup that is manifestly one-sided, protecting all future assets for one party while offering the other nothing, will face serious challenges.

Review Clauses: Planning for the Unknown

Given the inherent uncertainty involved in planning for future assets, a review clause is one of the most practical additions to any prenuptial agreement. This clause requires both parties to revisit and, if necessary, renegotiate the prenup at regular intervals or upon significant life events.

Common triggers for a review clause include: the birth of a child; one party leaving employment to care for a child or family member; a significant increase or decrease in one party’s wealth; the acquisition of a major asset such as a business or property; and the passage of a set number of years, for example every five years.

At Regent Law, we build review clauses into most of the prenuptial agreements we draft, ensuring that the agreement remains fair and relevant as life evolves.

The Process of Including Future Assets in a Prenup

Drafting provisions that deal effectively with future assets requires detailed initial conversations about your career plans, financial expectations, and family circumstances. Our prenup solicitors at Regent Law will take the time to understand not just where you are financially today but where you expect to be in five, ten, or twenty years.

We will then draft targeted clauses that address your specific situation, explain each provision in plain language, and ensure that both you and your partner understand and are comfortable with what you are signing. Our goal is to create an agreement that protects your future interests while remaining balanced enough to withstand scrutiny.