A recent study by the Marriage Foundation Think Tank reveals that one in five marriages now begins with a prenuptial agreement. Once considered the preserve of the ultra-wealthy, prenups have become increasingly common since the landmark Radmacher v Granatino case in 2010, when the House of Lords confirmed that English courts would uphold prenuptial agreements – provided certain safeguards are met.
Over the past 15 years, societal attitudes have shifted dramatically. What was once taboo is now widely accepted, prompting a recent House of Lords debate on whether the time has now come to introduce legislation enshrining prenups in law. During the debate, Baroness Shackleton of Belgravia noted:
“Prenups are no longer the preserve of the rich – or exclusively of the rich – and sufficient time has passed since Radmacher for prenups to trickle down into public consciousness. Not only are prenuptial agreements more common, but they are also entered into by parties who have modest assets but wish to retain their financial autonomy – maybe one is a homeowner, or maybe there are two professionals – or by people entering a second marriage.”
Andrew Barton, Head of the Family Team at Stephens Scown, has witnessed this transformation firsthand:
“Since the Radmacher case, we’ve seen an increased number of prenuptial agreement enquiries year on year. Those enquiries are increasingly coming from people who already understand what prenups are, how they work, and the weight courts will apply if they’re done correctly. There’s far greater awareness among clients than even five years ago.”
“Couples now come to us having already discussed prenups themselves. It’s no longer falling to lawyers to introduce the topic. Celebrity culture has helped normalise this trend, and while we’re not there yet, I wouldn’t be surprised if prenups become the norm within the next five to ten years.”
Key findings from the Marriage Foundation Study
- 59% of unmarried individuals said they would consider signing a prenup.
- Married individuals were twice as likely as unmarried people to say they wouldn’t consider one.
- Prenups are more accepted among higher economic groups and religious individuals.
With the Law Commission’s review into divorce law due in Spring 2026, and discussions around formal legislation, it’s clear that prenuptial agreements are here to stay – and will only become more commonplace.
If this is of interest to you and you would like to discuss further, please contact our Family Law team or call us on 0345 450 5558.