To pre-nup or not to pre-nup?

What is a pre-nuptial agreement and why does it sound so intimidating? Anna Cross, Legal Director in Ellisons' Family Law Team unpacks the rise in the pre-nuptial agreement and why this should be explored by newly engaged couples.

Ellisons Solicitors' latest research shows that nearly one in three (32%) people in Essex and Suffolk now see pre-nuptial agreements as a valuable financial planning tool before marriage. A survey of 267 people in Essex and Suffolk reveals that while there continue to be some misconceptions, pre-nuptial agreements are increasingly seen as a practical tool for financial security and clarity in relationships.

Anna Cross explains:
"Pre-nuptial agreements offer couples transparency and peace of mind, helping them enter marriage with a clear understanding of their financial rights and responsibilities. Our research shows that more people are seeing pre-nups as a positive, proactive step rather than a sign of distrust. It's also common for parents to encourage their children to consider pre-nups to safeguard family wealth or business assets, and to protect family legacies."

Despite growing support, some misconceptions remain. Key concerns include:
25% prefer to focus on marriage, not separation.
19% believe pre-nups are only relevant for the wealthy.
12% worry a pre-nup could harm their relationship or view them as unfair.
12% think pre-nups aren't legally binding in England and Wales.
7% feel pre-nups are too complex or unfamiliar to sign with confidence.

The survey also revealed notable gender differences: of those that indicated that they were open to considering pre-nups, 60% were female compared to 40% of men. Meanwhile, of those that stated they would prefer to focus on marriage rather than potential separation, 57% were men, compared to 43% of women.

Anna, concluded:
"For couples considering a pre-nuptial agreement, we recomend seeking expert legal advice at least 6 months before you are planning to get married. While pre-nups aren't automatically binding in England and Wales, courts are increasingly upholding those that tick all the required boxes. Seeking expert legal advice ensures couples approach marriage with confidence, particularly when significant family assets are involved."