When entering a marriage, few people like to think about the possibility of it ending. But with financial stakes often running high, it's only natural to wonder: how can I protect my assets, especially if I didn’t sign a prenuptial agreement?
Prenups have become more common in the UK, particularly among those entering a second marriage or bringing significant assets into the relationship. But not everyone has one. Whether it’s because the topic felt too awkward, the timing didn’t seem right, or you simply didn’t think it was necessary, many people find themselves asking how they can protect what’s theirs after they’ve already married.
The good news is that there are still options. In this blog, we’ll explore how you can take steps to protect your assets — even without a prenup — and explain what courts consider when dividing divorce finances. If you’re thinking about your long-term financial security or are already facing separation, the team at HPLP Solicitors is here to help you move forward with clarity and confidence.
Can you protect assets after marriage if you didn’t sign a prenup?
Yes — although it’s not as straightforward as putting a prenup in place before the marriage, there are still ways to strengthen your position. The most important thing is to be proactive.
If you’re already married, the next best option is to create a postnuptial agreement. Much like a prenup, this sets out how assets, income, pensions, and property should be divided if the marriage breaks down. A postnup is signed during the marriage and can be a useful way to revisit and clarify financial arrangements — especially after a major life change such as receiving an inheritance, buying a home, or starting a business.
Postnuptial agreements aren’t legally binding in the UK, but courts do increasingly uphold them — provided they’re fair, transparent, and entered into freely. They’re a smart way to bring structure and foresight to your financial planning.
Whether you’re considering a postnup or simply want to explore your options, our divorce solicitors can talk you through your choices and make sure any agreement is properly drawn up.
How are assets divided in a divorce if there’s no agreement?
Without a prenuptial agreement (or postnup), the courts have wide discretion when dividing assets in a divorce. Their guiding principle is fairness — but that doesn’t necessarily mean a 50/50 split.
Instead, the court will consider:
- The financial needs, obligations, and resources of both parties
- The length of the marriage
- Contributions made during the marriage (both financial and non-financial)
- The standard of living enjoyed during the marriage
- The welfare of any children under 18
Assets brought into the marriage may be treated differently depending on how they were used during the relationship. For example, if you inherited money but kept it separate, the court might treat it as non-matrimonial property. However, if that inheritance was used to buy a family home or was mixed with joint finances, it could be considered part of the overall marital pot.
This makes it especially important to seek legal advice early — before decisions are made or documents are signed. At HPLP, we provide tailored advice on divorce and finances, helping you understand what’s at risk and how to prepare for the best possible outcome.
Can you protect assets before marriage without a prenup?
Technically, no legal document other than a prenuptial agreement can offer the same level of pre-marriage financial planning. However, there are practical steps you can take to reinforce the separation of assets:
- Keep inherited or pre-owned assets separate – Avoid mixing them with joint accounts or using them for joint purchases.
- Document financial arrangements clearly – For example, if you’re contributing unequally to a house purchase, record this with a declaration of trust.
- Avoid putting everything in joint names – Ownership matters in legal proceedings, so think carefully before opening joint accounts or jointly owning property.
- Maintain clear financial records – If you need to demonstrate the origin of certain assets later, detailed documentation helps support your case.
That said, none of these steps provide the same protection as a prenup. If you’re preparing for marriage and want to explore how to protect your assets before marriage, we recommend seeking advice from our prenuptial agreement specialists.
What assets are most vulnerable during divorce?
While every case is different, some types of assets are more likely to be included in divorce finances, especially if they’ve become intermingled with marital life:
- Property: The family home is often the largest asset and may be subject to division even if owned by one spouse before the marriage.
- Pensions: These are commonly included in financial settlements and can be divided through sharing orders.
- Savings and investments: Joint or individual accounts may both be considered, depending on how they were used.
- Business interests: If one spouse owns a business, part of its value may be considered in settlement negotiations.
- Inheritances: These may be protected if kept separate, but can be vulnerable if used for joint benefit.
Understanding what the court is likely to view as “matrimonial” versus “non-matrimonial” property is essential to safeguarding your financial future. If you’re unsure, our team can help clarify what’s in scope and what steps you can take now.
What if divorce hasn’t happened yet — but I want to be prepared?
Many people reach out to us not because they’re planning to separate, but because they want peace of mind. Whether it’s a second marriage, protecting children from a previous relationship, or safeguarding a business, being prepared isn’t pessimistic — it’s pragmatic.
Creating a postnuptial agreement, ringfencing personal assets, or setting up clear financial boundaries are all smart ways to protect yourself without damaging the relationship. And if you are already facing divorce, it’s never too late to get advice about how to structure a settlement that reflects your contributions and priorities.
At HPLP, we understand that divorce and finances are sensitive subjects. We work with clients to develop realistic, fair solutions — whether you're protecting an estate, navigating complex business interests, or simply trying to ensure a clean break.
Get expert guidance on protecting your finances before or after marriage
Whether you’re planning ahead, reviewing your current situation, or dealing with the aftermath of separation, our Family Law team at HPLP is here to support you. We specialise in helping individuals protect their assets, clarify their legal position, and feel empowered about their financial future.
From prenups and postnups to tailored advice on divorce finances, we’ll help you make informed choices at every stage of the journey.
Contact our London office or make an enquiry online to speak with one of our experienced divorce solicitors today.