24 March 2026
Prenuptial agreements (often referred to as a “prenup”) are often associated with protecting property, inheritances and family wealth. However, as more people build financial value online, digital assets are becoming an increasingly important part of pre-marriage planning.
What is a prenup?
A prenup is a written agreement made before marriage, setting out how a couple’s finances and assets should be treated if the relationship breaks down.
Getting the agreement right
Although prenups are not automatically legally binding in England and Wales, the courts will often give them significant weight where they have been properly prepared. Since the Supreme Court’s decision in Radmacher v Granatino, the courts of England and Wales have made it clear that for a prenup to be effective, it must be entered into freely by both parties, with full and transparent disclosure and independent legal advice.
The agreement must also be fair in the eyes of the law at the time of signing and at the time of the separation. It is important that both parties understand what is being protected, why it matters, and how the agreement may work in practice if it is ever relied upon.
What counts as a digital asset?
Traditionally, prenups have focused on physical assets such as houses, savings and pensions. But for many couples today, wealth may exist in less obvious forms. This can include cryptocurrency investments, monetised social media accounts, online businesses, websites, domain names, digital products, or intellectual property created and sold online. In some cases, a digital asset may generate a steady income stream. In others, it may increase in value quickly, which can lead to disagreements if separation occurs.
Why digital assets can be difficult in divorce
One of the key challenges with digital assets is that they can be harder to identify and value than traditional assets. Cryptocurrency values fluctuate significantly, online businesses can grow rapidly, and social media accounts may be tied closely to one individual’s personal reputation and work. Income streams that are generated online may not be immediately visible from traditional financial disclosure. Without a clear agreement in place, disputes can arise over what should be shared, what was owned before marriage, and what value should be attributed to the asset at the point of separation.
How a prenup can help
Including digital assets within a prenup can help reduce uncertainty. It allows couples to record what each party owns before marriage, agree how future growth should be treated, and decide whether income generated during the marriage should be considered joint or separate. It can also provide clarity around assets that may not be easily traceable, reducing the risk of misunderstandings later which can be complex and costly.
Final thoughts
Senior Associate, Prabhleen Kundhi has provided her views on this topic:
“As a Senior Associate Solicitor in family law, I have seen first – hand how the financial landscape of relationships has evolved and how important it is to carefully plan ahead. In my view, prenups are no longer the preserve of the ultra-wealthy or celebrity class; they are a practical and forward-thinking tool for any couple seeking clarity, transparency and an element of protection at the outset of their marriage or civil partnership.
As digital wealth becomes more common, it is likely that prenups will increasingly reflect this modern reality. Having the right agreement in place can offer reassurance, protect individual interests, and support open and honest discussions before marriage”.
If you are considering a prenuptial agreement or would like advice on protecting digital assets as part of your wider financial planning, please contact Prabhleen Kundhi on 01494 738065 or email prabhleen.kundhi@blasermills.co.uk.