The use of prenuptial agreements in England and Wales has increased significantly over recent decades. Once associated primarily with high-net-worth individuals, prenuptial agreements are now part of mainstream financial and family planning for many couples. This shift reflects both their strengthening legal status and changing social attitudes towards marriage, transparency and risk management.
Prenuptial agreements, often referred to simply as prenups, are designed to set out how finances would be dealt with if a marriage were to break down. While they are not automatically legally binding in England and Wales, the courts will generally give them significant weight where certain safeguards are met.
How common are prenuptial agreements today?
Data from the Marriage Foundation illustrates the scale of change. Around 20% of first marriages since 2000 involved a prenuptial agreement, compared with:
- 8% in the 1990s
- 5% in the 1980s
Public attitudes appear to be shifting, too. A 2023 YouGov survey found that 42% of Britons consider prenups to be a good idea. However, only 22% say they would want one themselves. This gap highlights an ongoing emotional resistance to formalising financial arrangements before marriage, even where the practical benefits are recognised.
Are rising divorce rates driving interest in prenups?
Part of the increased acceptance of prenuptial agreements may stem from awareness of rising divorce rates. Data from the Office for National Statistics shows that 40.7% of marriages formed in 1998 ended in divorce within 25 years, almost double the figure for couples who married in 1963.
Against this backdrop, treating a prenup as a protective measure is understandable. Yet research by Handelsbanken suggests that the most common reason, cited by 32% of respondents, for not entering into a prenup is the belief that they “won’t split up”.
Ironically, many people insure against far more remote risks in their day-to-day lives without hesitation, from travel disruption to household accidents, while viewing a prenup as an admission of failure rather than a precaution.
Does signing a prenup increase the risk of divorce?
There remains a significant group of people who would prefer not to have a prenuptial agreement at all. This is often rooted in the misconception that planning for how a marriage might end somehow invites or manifests divorce from the outset.
There is no evidence to support this view. Despite their unromantic reputation, there is nothing to suggest that signing a prenup increases the likelihood of divorce or makes marital breakdown more likely. A prenup is not a prediction of failure, but a framework agreed upon at a time when both parties are aligned and acting cooperatively.
Can prenuptial agreements reduce conflict?
The process of negotiating a prenuptial agreement encourages open and honest discussion about issues that commonly cause tension in relationships, including:
- Income and earning potential
- Existing assets and inheritances
- Debts and financial responsibilities
- Expectations around children, careers and future planning
By addressing these matters early, couples can reduce the scope for misunderstanding and resentment later on. In this sense, prenups can act as stabilising mechanisms rather than predictors of marital failure.
How do courts in England and Wales view prenups?
Couples must also consider fairness and future needs. The courts in England and Wales will only uphold a prenuptial agreement where:
- Both parties entered into it freely
- Full and frank financial disclosure was provided
- Each party had independent legal advice
- The terms do not cause undue hardship, particularly where children are involved
A well-drafted pre-nup aims to protect both parties and reduce uncertainty. It can also make a divorce less contentious by providing a clear framework that avoids prolonged, expensive and emotionally draining disputes.
Are prenuptial agreements a form of financial protection?
Many couples now view prenups as a form of mutual insurance. Rather than favouring one party, a carefully structured agreement can:
- Protect pre-marital assets or family wealth
- Provide clarity and reassurance for both partners
- Reduce legal costs if the marriage ends
- Allow each person to move forward with dignity and financial security
When approached thoughtfully, a prenup can reflect mutual respect, foresight and a shared desire for transparency.
Prenups are about planning, not pessimism
Ultimately, a prenuptial agreement is not about expecting a marriage to fail. It is about entering into marriage with clarity, honesty and an understanding of each other’s financial position. As societal attitudes continue to evolve, prenups are increasingly recognised as tools that can strengthen relationships rather than undermine them.
Giving you the full picture
For couples considering marriage in England and Wales, taking early legal advice can help ensure that any prenuptial agreement is fair, balanced and capable of being upheld if ever needed.
