It is almost certain that a prenup will creep into the marriage preparations of Taylor Swift and Travis Kelce, but in everyday life prenuptial agreements are becoming increasingly common too. Many couples use them to protect assets, avoid uncertainty and set clear expectations about finances if things don’t work out.
Two recent court cases show how these agreements work in real life — and what can go wrong when the details aren’t handled carefully. Both highlight why wording and financial disclosure matter, and how this can affect anyone who has, or is thinking about signing a prenuptial agreement.
Buying things together during the marriage: whose are they?
Case: Loh v Loh‑Gronager [2024]
In this case, a divorcing couple clashed over who owned expensive furniture and household items bought during their relationship.
The wife entered the marriage with significant wealth. The couple used a joint account (funded mainly by the wife) to buy things for their home. Their prenuptial said the joint account was for household spending and that anything the couple bought would be divided according to who actually paid for it.
The husband said that because the money came from a joint account, everything bought from it should simply be split 50/50. The wife argued that ownership should reflect their real financial contributions.
The court agreed with the wife. It found that the joint account was primarily for convenience and everyday expenses, not a sign that everything purchased from it automatically belonged equally to both. The intention behind the agreement was to reflect actual contributions, not assumed equality.
Interestingly, under the prenuptial agreement the husband would originally have received around £6.4 million. This was reduced by roughly £4 million because he had made large unauthorised transfers from joint funds into his own accounts and spent marital money on his mistress. The court didn’t reduce his award to punish the affair itself, but to correct the financial loss caused to the shared assets.
What does this means in practice?
How a prenup describes and categorises assets really matters. Paying for something from a joint account doesn’t automatically mean it’s jointly owned. Courts look at what the agreement was meant to achieve and how the couple actually behaved.
The case also shows that misusing joint funds (especially spending substantial amounts outside the marriage) can affect the financial outcome.
For couples where one partner has far greater wealth, this case underlines the need to be crystal clear about how joint accounts and shared purchases will be treated.
What if a partner doesn’t disclose their true wealth?
Case: Helliwell v Entwistle [2025]
This case involved a short marriage and a ‘drop‑hands’ prenup, meaning each person would keep their own assets and neither could make financial claims on divorce.
The wife was extremely wealthy. The agreement stated that both parties had fully disclosed their finances — but she left out about 73% of her assets from the documents attached to the prenuptial agreement, later claiming this was for privacy and tax reasons.
The High Court initially upheld the agreement, saying the husband already knew she was very wealthy. The Court of Appeal took a different view.
It held that deliberately leaving out such a large portion of assets amounted to fraudulent non‑disclosure. Because the couple had agreed they would both provide full financial information, failing to do so undermined the entire prenuptial; the husband would have likely sought different terms in the prenuptial agreement if he had been fully aware of the wife’s true wealth. The agreement was set aside and the case sent back to the lower courts for reconsideration.
Can a prenup really protect you?
Prenuptial (and postnuptial) agreements rely on honesty. While the law doesn’t always require perfect disclosure, if the agreement says both parties will give full financial information, hiding assets can invalidate it entirely, as evidenced in this case. It is a worthwhile reminder that trying to downplay or conceal wealth when signing a prenup not only evades its purpose, but can also backfire badly.
Key points for couples considering a prenup
These cases show that prenups can be extremely effective — but only when they’re prepared properly.
- Be clear about ownership. Spell out exactly how joint accounts and shared purchases will be treated.
- Be honest about finances. Transparent disclosure protects both sides and makes the agreement more likely to stand up in court.
- Get independent legal advice. Each person should understand exactly what they’re signing. This is one of the criteria set down by the courts to ensure that there is a valid and enforceable nuptial agreement.
- Think practically. Consider how the agreement will operate in real everyday situations, not just in theory.
For many couples, a prenup isn’t about planning for divorce but about creating certainty and avoiding lengthy disputes later. When done carefully and openly, it offers clarity and reassurance on both sides.
If you’re thinking about entering into a prenup (or want to revisit one you already have) getting specialist legal advice early on will help ensure it reflects your intentions and is more likely to hold up if it’s ever needed. For more advice about pre or postnuptial agreements or any other aspect of separation, divorce or family law contact our approachable specialist team who are here to help.