Cryptocurrency and Nuptial Agreements: Getting the Asset Schedule Right

Pre-nuptial and post-nuptial agreements are increasingly being used to address cryptocurrency. Getting the digital asset schedule accurate and verifiable is where forensic input matters most.

Around 12% of UK adults now hold some form of cryptocurrency according to the Financial Conduct Authority, and the proportion is higher among younger couples. Family lawyers working in this area have noted an increase in the use of pre-nuptial and post-nuptial agreements specifically designed to address how digital assets will be treated if the marriage ends. The logic is sound: questions that are answered clearly in advance leave less room for dispute later.

The difficulty is that cryptocurrency introduces complications that a standard nuptial agreement — drafted around property, pensions, and bank accounts — may not adequately handle. The most fundamental of those complications is verification.

The Legal Framework

Pre-nuptial and post-nuptial agreements are not automatically binding in England and Wales, but following the Supreme Court’s decision in Radmacher v Granatino [2010] UKSC 42, properly drafted agreements carry very significant weight. Courts will give effect to such agreements unless it would be unfair to hold the parties to them in the circumstances prevailing at the time of proceedings. The quality of the disclosure underlying the agreement is central to this assessment.

The Property (Digital Assets etc.) Act 2025 — in force since 2 December 2025 — is directly relevant: with cryptocurrency now formally recognised as personal property under English statute, a nuptial agreement that specifically addresses crypto holdings has a clearer and more settled legal foundation than was the case even twelve months ago. But the quality of the underlying asset schedule remains the critical variable. An agreement made on the basis of incomplete or unverifiable disclosure faces the same vulnerabilities as a consent order made on that basis, and courts have shown a willingness to scrutinise both.

Why Crypto Is Harder to Pin Down Than Other Assets

A property can be identified precisely. A pension provides a cash equivalent transfer value from the scheme administrator. A share portfolio has a statement. For each of these, an independent record exists that both parties can reference.

Cryptocurrency held in a self-custody wallet has none of this. There is no third-party record. The only authoritative source of information about a wallet’s contents and history is the blockchain itself, which requires specialist tools to interrogate. A party who discloses their Bitcoin holding as ‘£45,000’ with no further detail has provided a figure that cannot be verified, challenged, or reliably revisited at a later date.

This matters for a nuptial agreement in the same way it matters in financial proceedings: if the schedule of assets is inaccurate or incomplete, the agreement built on it has a problem at its foundation.

What the Asset Schedule Needs to Include

For a nuptial agreement dealing with digital assets to have a reliable foundation, the schedule of crypto holdings needs to go beyond a figure and a coin name. A credible schedule should include:

• Public wallet addresses for all self-custody wallets. A public key functions like a bank account number: it can be shared without compromising security and is the minimum required for independent verification of balance and transaction history
• Exchange account identifiers and confirmation of all platforms used, including any accounts now closed
• The position as at the date of the agreement, including any staking positions, DeFi holdings, NFTs, or other digital assets that do not appear on a simple exchange balance
• A methodology note explaining how the valuation was reached and the date on which it was taken, given how significantly crypto values can move

A schedule at this level of detail provides the baseline that both parties can return to if the marriage ends. Without it, one party may claim the holdings were always smaller than disclosed, or larger, and there is no verifiable record to resolve the dispute.

The NFT Problem

Non-fungible tokens present a particular challenge in nuptial agreements. Unlike Bitcoin or Ethereum, which can be divided or transferred in fractions, an NFT is an individual asset. It cannot be split between parties. Its value on the day the agreement is signed may look entirely different by the time the agreement would ever be invoked.

Where an NFT collection forms part of a portfolio being addressed in a nuptial agreement, specific thought is needed about how it is treated: whether it is ring-fenced entirely, how it would be valued if the marriage ended, and who bears the risk of price movement. The forensic role is to confirm accurately what exists and what it currently represents in value.

Post-Nuptial Agreements and Crypto Accumulated During the Marriage

For couples who are already married, a post-nuptial agreement can address crypto that has grown in significance since the wedding, or that one party has only recently started accumulating. The legal principles are the same as those governing pre-nuptial agreements, and the evidentiary requirements are identical. A post-nuptial agreement dealing with holdings that have increased substantially in value needs the same quality of underlying documentation as any other. If the asset schedule cannot be independently verified, the agreement’s ability to withstand scrutiny is weakened from the start.

Keeping the Agreement Current

The cryptocurrency market moves quickly. An agreement that accurately described a party’s Bitcoin holdings in 2022 may not reflect an expanded portfolio in 2026 that includes staking positions, DeFi activity, and token holdings on multiple chains. Where digital assets form a significant part of a couple’s wealth, the case for periodic review of the nuptial agreement — and of the forensic asset schedule underpinning it — becomes stronger over time.

If you need expert support, get in touch with us at Wealth Recovery Solicitors for a free consultation. Our friendly and experienced team can evaluate your case, to craft a recovery plan for you and work to recover your funds.

Frequently Asked Questions

Can a prenup cover cryptocurrency in the UK?

Yes. Pre-nuptial agreements can specifically address how digital assets will be treated if the marriage ends. The Property (Digital Assets etc.) Act 2025 gives such agreements a clearer legal foundation.

What should a crypto asset schedule include in a nuptial agreement?

Public wallet addresses for all self-custody wallets, exchange account identifiers, details of staking positions and DeFi holdings, NFTs, and a methodology note explaining how the valuation was reached and dated.

How are NFTs handled in a prenup?

NFTs cannot be split. The agreement needs specific provision for whether each NFT is ring-fenced, how it would be valued if the marriage ended, and who bears the risk of price movement.

Should a prenup covering crypto be reviewed regularly?

Yes. Crypto portfolios can change significantly over time. Periodic review of the agreement and its forensic asset schedule ensures it remains accurate and enforceable.