Why More Couples in the UK Are Choosing Prenuptial Agreements

The number of couples in the UK entering into prenuptial agreements is steadily rising — but why is this happening?

Recent reports suggest that around one in five married couples now have a prenup in place, with younger generations increasingly viewing them as a sensible part of financial planning before marriage.

A prenuptial agreement — often referred to as a prenup — is made before a marriage or civil partnership and set out how a couple’s assets and property would be split should they divorce or legally separate. To find out more about prenups, visit: Should I Sign a Prenup? | Smith Partnership

It is widely believed that this rise is linked to people marrying later in life, often with more complex financial arrangements, accumulated assets, or business interests they wish to safeguard. Greater awareness of the legal and financial benefits of prenups has also played a significant role.

Why are couples getting Prenups?

Protect pre-marital assets

If you own assets before marriage (such as property, savings, investments, or a business) a prenup can ring-fence them so they are less likely to be shared in the event of a divorce. This is particularly relevant if you bought a home or if you have substantial saving before the relationship.

Safeguard inherited or family wealth

Prenups are commonly used to protect Inheritances (received or expected), interests in family trusts, or family-owned businesses / farms. Prenups are often encouraged by parents or trustees who want to ensure family assets stay within the family line.

Clarity and certainty if the marriage ends

Divorce settlements in England and Wales are discretionary and fact-specific, which can make outcomes unpredictable. A prenup will set out expectations in advance, helping to reduce uncertainty and help both parties understand their financial position if the marriage breaks down.

Reduce conflict and legal costs on divorce

Without a prenup, financial disputes can be long, stressful, and expensive. A well-drafted prenup can help to narrow the issues in dispute, speed up negotiations, reduce solicitor and court costs and make the divorce process more amicable.

Protect business interests

If you are a business owner or partner, a prenup can prevent business assets being divided or sold, protecting other shareholders or partners and crucially avoid disruption to the running of the business.

Second marriages and blended families 

Prenups are particularly useful if you have children from a previous relationship and you want to preserve assets for those children, especially where both spouses bring separate wealth into the marriage. A well drafted prenup can help balance obligations to a new spouse with responsibilities to existing children.

Manage unequal wealth or income

Where one party is significantly wealthier, a prenup can prevent later arguments about “who gets what” and set fair but limited financial provision which in turn can help to reduce feelings of unfairness or suspicion. Courts are more likely to respect a prenup if it meets basic needs and is not manifestly unfair.

Encourage open financial discussions before marriage

Drafting a prenup requires honest conversations about your finances, debts, expectations, children and future planning and encourages open and honest communication Many couples find such conversations strengthens trust and avoids misunderstandings later.

Flexibility through review clauses 

Prenups can include review clauses after certain events (children, long marriage, major changes in wealth) This makes the agreement adaptable rather than rigid.

Already Married? Postnuptial Agreements Explained

In some circumstances a couple who have already married wish to reach an agreement as to how their assets should be divided in the event of a divorce – This can still be done by entering into a Postnuptial agreement – often called a postnup. To find out more about postnups, visit: Can you change a Pre-Nup? | Smith Partnership

Rates of couples entering into postnuptial agreements are also on the rise, with no indication that it will stop any time soon. 

How can we help?

If you are looking to create a pre or postnuptial agreement our team of specialist family law solicitors are here to help. Contact our us by calling 0330 123 1229, completing our contact form, or sending us an email via info@smithpartnership.co.uk.