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Prenups: increasing or decreasing divorce? Solicitor Harry Calder from the Family Law team at Tees Law lifts the lid on the prenuptial agreement
T he use of prenuptial agreements in England and Wales has increased significantly over recent decades. Once associated with high-net-worth individuals, these agreements are now part of mainstream financial planning for many couples. This trend is partly driven by the strengthening of their legal status and partly by changing social attitudes towards marriage and risk management. Data from the Marriage Foundation illustrates this clearly with 20% of first marriages since 2000 having involved a prenup, compared with 8% in the 90s and 5% in the 80s. A 2023 YouGov survey suggests public opinion has shifted too, as 42% of Britons were found to consider prenups a good idea. Nevertheless, only 22% say they would want one themselves, revealing an ongoing emotional resistance to formalising financial arrangements before marriage. The D word Part of the increased acceptance 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. Still, the most common reason (32%) for couples not entering a prenup according to research by Handelsbanken is the belief that they ‘won’t split up’. Ironically, people insure against much remoter risks in their day- to-day lives without thinking twice. There also remains a considerable proportion who would prefer not to have a prenuptial agreement at all. This is likely born out of the misconception that, if you are considering how your marriage is going to end before you have even tied the knot, you are manifesting a divorce from the outset. However, there is no evidence for this theory. Despite their unromantic nature, there is nothing to suggest that signing a prenup will increase the odds of implementing its terms in the future.
LOOK BEFORE YOU LEAP There is no evidence that signing a prenup will increase the odds of a divorce
future conflict, allowing each person to move forward with dignity and security. A prenup is not a prediction of failure. It can reflect mutual respect, foresight and a shared desire to enter marriage transparently and responsibly. As societal attitudes evolve, prenups are increasingly understood as tools that can strengthen a relationship rather than undermine it.
In fact, the opposite may be true. The process of negotiating a prenup encourages transparency about income, assets, debt, expectations and long-term goals, which are issues that commonly cause marital disputes. In this sense, prenups can reduce potential future conflict, acting as stabilising mechanisms rather than predictors of marital failure. Fair’s fair Couples must consider fairness and future needs, as the courts will only uphold agreements where the terms do not cause hardship. A well-drafted prenup aims to protect both parties and reduce uncertainty. It can also make a divorce less contentious, providing a clear framework that avoids prolonged and expensive disputes. Many see it as a form of mutual insurance, protecting each other financially but also seeking to avoid
If you’re interested in exploring how a prenup could safeguard you, find more information on teeslaw.com or contact the team today on 01223 311141. Visit the Cambridge office at No 3 Journey Campus, Castle Park, Castle Street CB3 0AY
Prenups are understood more and more as tools that can strengthen a relationship, not undermine it
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