Divorce and Family partner Richard Hogwood sat down with Claer Barrett, host of the Financial Times Money Clinic podcast, to discuss the current legal status of pre-nuptial agreements in England and Wales, and the recent rise in pre-nup enquiries made to Stewarts.

“Even looking back at our busiest year for pre-nups before [this one], which was 2021, they’re nearly 70 per cent up on that particular period,” Richard notes. Claer and Richard discuss why this might be the case, and how to navigate the pre-nup process.

Listen to the podcast on Apple Podcasts or Spotify below, or directly on the FT website. A full transcript is also available.

Richard answers some of the most commonly asked pre-nup questions, such as:

• When do you need to agree a pre-nup?
• What can go wrong with a pre-nup?
• How are financial imbalances between parties addressed?
• How should you propose a pre-nup to your partner?
• How much can an individual save with a pre-nup?

As well as prenups, Richard also outlines cohabitation agreements and how unmarried couples can arrange the financial elements of buying a property together.

Why are pre-nups becoming more popular in the UK?

Speaking to City AM earlier this year, Richard noted that a rise in pre-nup enquiries to our Divorce and Family team demonstrates “a growing interest in, and awareness of, pre-nups and their effectiveness.” He explained it “could also signal that couples are getting rather more ‘ahead of the game’ with talking about finances well ahead of summer weddings, rather than leaving it to the last minute.”

A pre-nup is an agreement made by a couple before they marry, which sets out how they wish their assets to be divided if they should divorce. This can help to avoid disagreements over the finances at an already difficult time, providing certain formalities have been followed when preparing the agreement.

To give the best chance that the court will uphold your pre- or post-nup, you should have the agreement drawn up by a qualified divorce and family law expert. Our guide to pre-nuptial and post-nuptial agreements includes more information.

If you require assistance related to a pre-nuptial agreement or other family law matter from our divorce and family solicitors , please contact us or alternatively request a call back from one of our lawyers by submitting this form.