You can find out more by following our navigating separation series over the coming months as we deep-dive into the survey. Our first report looks at the public’s views on pre-nups and in particular whether they should be made compulsory.
Discover the key themes from our survey and delve into our insightful report outlining the benefits of pre-nups.
Generation pre-nup
Pre-nups 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 pre-nups, with safeguards to prevent misuse. As a result, pre-nups have become more widely used and accepted in recent years.
Our YouGov survey showed that opinions on pre-nups 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 pre-nups, 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 pre-nups 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 pre-nup can be tailored to allow for variability in the outcome, with sunset clauses for those who prefer to have a pre-nup only in the early years of a marriage or provision made for specific assets. Pre-nups 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 pre-nups, 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 pre-nup 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+).
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