Prenuptial agreements, once common only among celebrities and the super-rich, are becoming more popular among regular people. Lawyers have seen a big rise in requests for these legal deals. But what is driving this trend, and will it continue?
Sally and her partner Joseph decided to get a prenup as they planned their wedding. Despite being in love and ready to commit, they agreed it was a sensible step.
Prenups are no longer just for Hollywood stars. Legal and marriage experts report that about one in five weddings in the UK now involves some form of legal agreement. Sally and Joseph got engaged last year after meeting on a dating app. Sally, in her early 40s, is a business founder, and John, in his late 30s, works for her company. Leo was the one who first brought up the idea of a prenup.
“I didn’t want to at first because it doesn’t feel very romantic,” says Sally. “It kind of puts a damper on things.”
Both have children from previous marriages and have been through divorces. They decided a prenup was the right choice. Now, just a few weeks after their honeymoon, they are happily looking through their wedding photos, with the prenup filed away.
Experts say prenups are not just about money but also property and other assets. “It didn’t feel right that if something happened in the future, I could just take what she built with her business,” says Joseph. “I wanted to do what’s right and focus on building shared assets together.”
The Law on Prenups in the UK
A prenuptial agreement is made before marriage or civil partnership, outlining how assets will be divided if the couple splits. In England and Wales, they are not automatically enforceable, but a 2010 Supreme Court ruling means courts consider them if made in good faith.
Prenups have long been common among celebrities, like Brad Pitt and Angelina Jolie, and Britney Spears and Sam Asghari. But in recent years, they have become more common in the general population. Co-op Legal Services reports a 60% rise in prenup sales in 2023 compared to 2022. OLS Solicitors also saw a 60% rise in requests from 2021 to 2023, with a further 26% increase in early 2024.
Experts attribute the rise to factors like women earning more, more people remarrying with children, and greater legal awareness due to the internet. Millennials are also getting married later, with more assets to protect.
Despite their growing popularity, prenups are still seen as unromantic. Sally and Joseph did not use their real names to discuss their prenup publicly. They arranged their prenup through Paddy, an online platform making these agreements more accessible and affordable.
“Prenups are considered taboo and unromantic,” says Paddy co-founder Joe Brady. “This is changing for younger generations who have a more open view of marriage.”
Helen, who moved from the UK to New Zealand, married her husband Will in 2019. They discussed a prenup early in their relationship due to New Zealand’s laws. “Talking about breaking up isn’t romantic, but neither is talking about death, yet we all make wills,” she says.
Prenups cover anything from money to property to sentimental assets. Family law solicitor Tracey Moloney, known as The Legal Queen, advises couples to have one. “Any family lawyer will say that because we see so many divorces,” she says.
Jaden Soap, research director for the Marriage Foundation, says their survey found 20% of couples married since 2000 have some form of agreement. Higher earners, especially women, are more likely to have prenups.
While some find prenups unromantic, attitudes are changing. “If you’re not sure you need one, you probably need one,” says Moloney. “They’re like insurance – you hope you never have to use it, but it’s there to protect you if you do.”