Generation prenup
Prenuptial agreements have come a long way since the landmark Supreme Court case of Radmacher v Granatino in 2010. This case set clear guidelines on the validity of prenups, with safeguards to prevent misuse. As a result, prenups have become more widely used and accepted in recent years.
Our YouGov survey showed that opinions on prenups are divided, with 53% of those asked against the idea of making them compulsory. However, this was heavily influenced by the views of the older, married population. Younger generations, particularly those aged 25-34, were far more likely to be in favour of prenups, seeing them as a way to provide a clear financial roadmap and prevent future arguments in the event their marriage broke down (29%).
Life is unpredictable
One of the most common arguments we saw against making prenups compulsory was that people felt that life was too unpredictable to safely say at the beginning of a marriage how the finances should be split at the end - something that might not happen for decades! This view was particularly common among women, especially those who aren't currently working and who are likely to consider themselves more financially vulnerable.
It was also a view more prevalent among those aged 36 and over (30%), a demographic who are more likely to have already experienced life-changing events such as having children, or who have endured economic recessions and pandemics and the impact these events can have on job security.
Finding a balance
Overall, our survey revealed that there seems to be a conflict between the desire for certainty and the need for adaptability. This is where bespoke legal advice can be incredibly valuable. A prenup can be tailored to allow for variability in the outcome, with sunset clauses for those who prefer to have a prenup only in the early years of a marriage or provision made for specific assets. Prenups can also be reviewed and varied in the event of life changes or changes in circumstances.
The value of advice
While we may be some way off from having compulsory prenups, the opportunity for couples to receive family law advice before entering into marriage could be incredibly valuable. It would allow them to understand each other's attitudes towards their finances and help them make informed decisions during the marriage. Many divorcing clients are surprised by the principles applied by the family court when determining financial settlements, and some regret financial decisions they've made. Taking advice on the implications of a prenup could benefit many more couples.
All figures, unless otherwise stated, are from YouGov Plc. Total sample size was 2004 adults, 803 of which were adults based in England and Wales who are either married or in a civil partnership. Fieldwork was undertaken between 19-22 January 2024. The survey was carried out online. The figures have been weighted and are representative of all GB adults (aged 18+).
