Are pre-nuptial agreements on the rise?

Historically, pre-nuptial agreements carried a degree of social stigma and were often seen as unromantic or as planning for failure. That perception has shifted, particularly among younger couples.

Millennials and Gen Z are reportedly more open to discussing financial arrangements before marriage, viewing pre-nups as a practical and responsible step rather than a sign of distrust.

Marriage is one of life’s most exciting commitments, but it’s also more than ‘just a piece of paper’. It’s one of the biggest legal and financial decisions you’ll ever make.

A pre-nuptial agreement sets out how your assets and finances should be divided if the marriage ever breaks down. Far from being unromantic, it can be one of the most practical and caring steps you take for each other. Asking for a pre-nup shouldn’t feel awkward, and it doesn’t mean you lack trust. It means you feel secure in your marriage.

What happens without a pre-nup?

Without a pre-nup, assets are divided in line with section 25 of the Matrimonial Causes Act 1973, with the starting point being an equal division. This is effectively the court’s own version of a pre-nup, which you’re ultimately agreeing to follow and may be unhappy with the outcome.

Entering into your own agreement puts you back in the driving seat and can help you avoid being forced into arrangements you may not be comfortable with.

Property, investments, business interests, family heirlooms or assets built up or acquired before the wedding can all become part of the ‘matrimonial pot’ on divorce. A pre-nup allows you to ring-fence what is yours, while still making fair provision for your spouse.

It’s not just for the wealthy

Pre-nups aren’t just for celebrities and billionaires. If you own a home, have savings, run a small business, hold a pension or expect to receive an inheritance one day, a pre-nup may be worth considering.

It doesn’t matter whether your estate is worth £50,000 or £5m. What matters is that you have something worth protecting.

Think of a teacher who has spent years building up a pension, a nurse who has inherited a modest cottage from a grandparent, a plumber who built a one-van business from nothing or a first-time buyer who scraped together a deposit with help from their parents. None of these people are wealthy, but their assets are personal, hard-earned and worth protecting.

Certainty in an uncertain world

Statistics from the Office for National Statistics suggest that around 42% of marriages in England and Wales end in divorce. That’s nearly one in every two couples.

Divorce can be emotionally draining, time-consuming and expensive. A well-drafted pre-nup sets clear expectations from the outset, reduces the scope for dispute and can save significant stress, time and legal costs down the line.

Encouraging open and honest communication

Negotiating a pre-nup encourages open conversations about money, expectations and the future. These discussions are often avoided but having them early can strengthen your relationship and help prevent resentment later on.

The bottom line

A pre-nup isn’t a sign that you expect your marriage to fail. It’s a grown-up acknowledgement that life is unpredictable and that planning ahead is simply good sense.

Whether you’re bringing property, a small business or a treasured vinyl collection into the marriage, a pre-nup ensures you both know where you stand.

If you’re considering a pre-nup, it’s helpful to take advice from a specialist family lawyer who can explain how the law applies to your individual circumstances. Every couple’s situation is different, and early guidance can help ensure any agreement is fair, clear and appropriate for your needs.