Prenups are often considered legally “flimsy” because they are not automatically enforceable in England and Wales in the event of a marriage breakdown. However, prenups have gained significant recognition in recent years - and a recent case revealed how it can be quite difficult to annul a prenup.

Jan 2025


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Prenups are often considered legally “flimsy” because they are not automatically enforceable in England and Wales in the event of a marriage breakdown. However, prenups have gained significant recognition in recent years - and a recent case revealed how it can be quite difficult to annul a prenup.

What is a prenup?

Prenuptial agreements, or "prenups," are made before two people enter into a marriage or civil partnership to set out how assets should be divided in the event of a split. They may often conjure images of extravagant wealth and contentious divorces, but actually, more and more couples opt for them. About 22% of marriages are subject to a prenup according to the Marriage Foundation up from 8% in the 1990s. The Co-Op Legal services also said that prenup sales in 2023 went up 60% compared to 2022.

Why are they increasing in popularity?

There are thought to be a couple of reasons for the increase in popularity. More couples are now marrying or even re-marrying later in life and may bring our own assets into the marriage that we want to protect for different reasons.

Also the famous Radmacher v Granatino case in 2010 saw the Supreme Court uphold a prenup between a wealthy couple who tried to seek a claim against each other despite the agreement. Since then, UK courts have shown an increasing willingness to uphold them and more people have been taking them seriously.

The same year, a woman failed to overturn her own prenup when she tried to claim one of her husband’s properties was shared, despite him purchasing it in his own name before the marriage, and her own prenuptial agreement stating that a 50-50 split in assets would not apply to assets owned by a sole party.

Are they worth the paper they are printed on?

In short, yes. The cases above are just two examples of how a prenup has been upheld in Court. In general, the view tends to be that if the prenup is fair and was entered into without force or prejudice, there is no reason why it shouldn’t be upheld.

So if you are still on the fence regarding your own prenuptial agreement, speak to us for some advice. Contact Downs Solicitors to see how we can help.

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