Prenups and digital assets: Why protecting digital assets with a prenup is growing in popularity

Prenuptial agreements have evolved significantly over the past decade.

Once associated primarily with inherited wealth or high-value property portfolios, prenups are increasingly being used, particularly by younger couples, to address more modern types of wealth,  including digital assets. 

Johanna Brewer, head of Family Law at Wake Smith Solicitors, discusses how with online businesses, cryptocurrencies, digital IP and monetised social platforms become more mainstream, family lawyers must give greater attention to how effective prenups can be in terms of protecting digital assets.

This article covers:

• The rise of personal digital wealth
• Why it matters to protect digital assets with a prenup
• Common issues prenups can prevent should disputes arise involving digital assets
• Drafting effective prenups for digital assets
• What does the future hold for prenups and digital assets?
• Your next move?

The rise of personal digital wealth

Digital assets are no longer the preserve of techies and high-risk investors.  Investment in not only cryptocurrency and NFTs but also online businesses and e-commerce brands, monetised social media, digital intellectual property and online trading and the associated domain names is now just as widespread across all age groups and demographics.

At the same time younger couples no longer view prenuptial agreements as a sign of mistrust in their marriage. They recognise prenups are a practical and responsible investment in their future, a future that statistically could lead to separation at some point.

However, from a legal perspective, despite their prevalence digital assets can be difficult to categorise within traditional matrimonial finance frameworks. Their value may fluctuate rapidly, ownership can be unclear, and access is often controlled by passwords rather than formal documentation.

This is why prenups and digital assets intersect so perfectly.

Why it matters to protect digital assets with a prenup

One of the key advantages of a prenuptial agreement is clarity. When drafted properly, a prenup will specify which assets are considered non-matrimonial and how they should be treated should the marriage end.

For digital wealth, this clarity is particularly important. 

Clarity allows couples to ring-fence digital assets acquired before the marriage, define the ownership of assets created during the marriage and distinguish between personal effort and shared contribution. The prenup process will also address income streams derived from digital platforms. 

Without having this clarity to draw on, disputes over digital assets can quickly become complex, expensive and emotionally charged during divorce proceedings.

Common issues prenups can prevent should disputes arise involving digital assets

The key areas prenups can help prevent during a separation include:

Valuation disputes

Digital assets often lack a fixed or easily identifiable value. Cryptocurrency markets fluctuate daily, online businesses may scale rapidly while social media accounts can gain or lose commercial relevance overnight. A prenup can establish valuation methodologies in advance, reducing scope for argument later.

Ownership and contribution conflicts

Many digital assets are created and developed during relationships. Without clear agreement, disputes could arise over whether a digital business or platform is matrimonial property. A prenup clarifies whether growth during the marriage is shared or remains separate.

Access and control issues

Unlike traditional assets, digital assets are often controlled through private keys, logins and authentication tools. Divorce disputes can escalate if one party restricts access. This means protecting digital assets with a prenup can include obligations around disclosure, access and cooperation should the couple separate.

Business continuity risks

For entrepreneurs, influencers and digital founders, divorce can threaten business continuity. A well-drafted prenup can prevent forced sales, protect intellectual property and preserve operational control, allowing businesses to continue without disruption.

One important factor to remember when making a decision as to whether a prenup is the best way forward or you is that – perhaps contrary to outdated perceptions - prenups almost always improve communication.

Discussing prenups and digital assets requires full and frank disclosure of online income streams, digital holdings and future plans.  The greater transparency this creates can reduce misunderstandings and financial tension during the relationship itself and pave the way for using the prenup as a collaborative, proactive planning tool rather than a defensive document.

Drafting effective prenups for digital assets

To ensure enforceability and effectiveness, prenups involving digital assets should:

• Provide detailed asset schedules listing digital holdings, platforms and accounts
• Provide clear definitions of digital assets and digital income
• Offer independent legal advice for both parties
• Allow for early execution, i.e. substantially before the wedding
• Review clauses to reflect technological or financial changes

What does the future hold for prenups and digital assets?

Courts in England and Wales are increasingly willing to uphold prenuptial agreements, provided they are entered into freely, with full disclosure and fairness. However, digital assets are disrupting traditional wealth and asset classes so they must be treated with the same if not greater rigour as traditional assets.

As wealth becomes increasingly digitised, prenups and digital assets will only grow in importance. Failing to address digital wealth risk will leave you exposed to uncertainty and, by extension, potentially costly disputes.  Conversely, those who proactively protect their digital assets will be in a much stronger and more defensible position should the marriage break down. 

Your next move?

Our experienced family law team in Sheffield advises clients nationally on all aspects of family law, including prenups.

If you would like to arrange a confidential, initial consultation with one of our team, please contact us today on 0114 266 6660 or email [email protected] 

For further information on our family law services click here

Published 06/02/2026