As Olivia* was picking her wedding dress, she and her partner Leo were also discussing divorce.
Despite being in love and ready to commit, having a prenup, they both agreed, was simply the sensible thing to do when starting married life.
“You go into it with love and hope for the future,” Olivia says. “But also realism.”
They are not alone. Once the preserve of Hollywood celebs and the super-rich, prenuptial agreements are on the rise among “normal” people too, with legal and marriage experts saying numbers have increased dramatically in recent years; around one in five weddings in the UK now involves some form of legal agreement, according to several polls.
Olivia and Leo got engaged last year after meeting on a dating app. Olivia, in her early 40s, is a business founder and Leo, who is in his late 30s, now works for her company. He was the one to initially broach the subject of a prenup.
“I didn’t want to at first as it doesn’t feel very romantic,” says Olivia. “It kind of puts a dampener on things – you’re at this really happy stage of getting married and then you’re potentially talking about, what happens if we split?”
Both have children from previous marriages, both have been through divorce. They decided a prenup was the right thing to do. Now, just a few weeks after their honeymoon, they are happily reminiscing through their wedding day photos; the prenup filed away, no longer a talking point, but there should they ever need it.
Image: Experts say it is not just about protecting money, but about property and other assets, too
“It didn’t feel right that if something was to happen in the future, I could just have what she had built with her business,” says Leo. “I wanted to make the decision from my heart and do what’s right and to focus on building shared assets together.”
“Both of us had amicable divorces,” Olivia adds. “But we know what can happen. It’s reality, and I think life is more complex these days.”
Advertisement
The law on prenups in the UK
A prenuptial or premarital agreement is one made before a couple marries or enters into a civil partnership, setting out how they wish assets to be divided in the event of a split. They are not automatically enforceable in England and Wales, but following a landmark ruling by the Supreme Court in 2010, courts now take them into account as long as they have been made in good faith.
They have long been commonplace for celebrities: Brad Pitt and Angelina Jolie reportedly had one, as apparently did Britney Spears and Sam Asghari. Catherine Zeta Jones reportedly told Vanity Fair back in 2000, the year she married Michael Douglas, that she thinks prenups are “brilliant”. And over the past few years, they have filtered into the real world, too.
Co-op Legal Services says prenup sales in 2023 were up by 60% on 2022, as were cohabitation agreements – and that postnup agreements almost trebled (an increase of almost 185%) in the same period. It says 21% of married people in Britain, or one in five couples, now have some form of an agreement in place, tallying with research published by marriage advocate charity the Marriage Foundation in 2021.
The average value of the assets included in Co-op prenups sits between £500,000 and £600,000, it says. Family law firm OLS Solicitors also reports a big increase in requests – a rise of 60% between 2021 and 2023, with a further 26% increase in the first quarter of 2024 compared with the same period last year.
Experts put the rise down to a number of factors: women earning more; more people remarrying and going into partnerships with children; the internet increasing savviness and accessibility when it comes to the law. Millennials and younger generations are also generally getting married later in life than their parents, therefore accruing more assets individually ahead of the milestone.
Plus, these generations have grown up experiencing divorce between mums and dads or other people close to them, in a way that was far less common for their parents and grandparents.
Follow Sky News on WhatsApp
Keep up with all the latest news from the UK and around the world by following Sky News
‘Break-up talk isn’t romantic – neither is death, but we make a will’
Despite the rising number of couples choosing this route, it seems few are comfortable talking about it publicly. The idea of a prenup being “unromantic” still prevails.
Olivia and Leo did not want to give their real names, saying they did not feel ready to share the details with the world. They arranged their prenup through Wenup, an online platform aiming to make couples’ deals more accessible and affordable, launched in the UK in 2023 in response to the increasing demand.
“Prenups are considered taboo, unromantic and are something very private to most people,” says Wenup co-founder James Brookner.
“This is changing for younger generations who have a more open, pragmatic and non-traditional view of marriage, but for many people, thinking about what will happen if they break up in the lead-up to a wedding is a difficult enough conversation to have in private, let alone public.”
Image: Couples who have children from previous relationships are among those seeking more security to protect their assets
Nicole*, who moved from the UK to New Zealand several years ago and married her husband, Will, after three years together in 2019, says they discussed getting a prenup – or contracting out agreement, as they are known there – before she moved in with him, six months into their relationship.
“[He] raised the idea because he had worked hard to buy his first house and wanted to ensure he retained his rights to ownership should our relationship break down,” Nicole says.
The 38-year-old admits she was “caught a bit off guard” when he first broached the subject, but due to the law in the country – the Property Relationships Act, which means any individually owned property is shared equally in the event of a break-up after three years of a couple living together, regardless of marriage – it felt like the right thing to do.
They reached an agreement they were both happy with and Will, 42, covered legal costs as they had to have independent advice. The couple now have a young daughter and are happily married – and for this, you have to balance romance and practicality, says Nicole.
“Talking about breaking up isn’t romantic – nor is talking about death, but we all have to write a will at some stage. I think the reluctance is often because one party is trying to protect assets from the other, with no ill intent usually, but I can see why the other party may feel a little despondent about the suggestion if they don’t understand the law.
“Personally, I have seen too many nasty break-ups that could have been a lot cleaner had the proper agreements been in place at the outset.”
What do prenups cover?
While couples in the UK might not be showing them off along with their engagement pics, attitudes are changing privately. A YouGov poll in 2023 found that 42% of British people consider prenups a good idea, compared with 13% who consider them a bad idea. A similar poll on prenups 10 years earlier found that 35% would sign a prenup if asked to, with 36% saying they would not.
Family law solicitor Tracey Moloney, who is known as The Legal Queen online – with more than a million followers across her TikTok, Instagram, Facebook and YouTube accounts – says social media has made legal advice more accessible.
Up to about five years ago she would probably get one prenuptial request a year, if that. Now, she averages about one a week, taking cohabitation agreements for unmarried couples into consideration as well. She says she would always advise couples to have one.
“I think any family lawyer is going to say that because we see so many divorces. We’re realists. I think people can forget that when you say ‘I do’, you are entering into a contractual relationship anyway… financial ties exist because your marriage has created a binding contract. If you’re going to go into a contract in any other scenario – buying a property, buying shares in a company – you’re going to take advice. I don’t think marriage should be seen any differently.”
Prenups can cover anything from money to property to assets – including future assets such as expected inheritance – whether they are worth millions or simply of sentimental value, she points out, citing a recent agreement drawn up to protect an antique writing desk. It was “really dear to that person, passed down from generation to generation”, but of no real monetary value.
Image: Prenups used to be associated with the rich and famous, but are becoming more mainstream
At the other end of the scale, she recalls one divorce after a long marriage which didn’t involve a prenup; the wife had inherited jewellery worth hundreds of thousands of pounds. “It was never intended to be sold but it had significant value and it was added to her side of the balance sheet. She kept the jewellery but as a result, the ex kept a lot more of his pension, which she was entitled to. If she’d had a prenup, it could have been ring-fenced.”
Michelle Elman, a TV life coach and author known as Queen Of Boundaries, says when it comes to prenups she encourages any conversations about finance early on in a relationship.
“It’s hard to say, black or white, whether prenups are good or bad as it depends on the couple,” she says. “Some people might think a prenup is going into a marriage with bad faith, but if you’re going into the marriage with more certainty and clarity because you have it, then that’s best for you.
“The unhealthy option is not going into a prenup because you’re scared to have the conversation. I think for any healthy marriage to survive, you need to have already spoken about money before you get married, whether it’s because of a prenup or not.”
From proposal to prenup
Harry Benson, research director for the Marriage Foundation, says he was surprised at the results of the charity’s survey findings. “I thought this was something we would only find among the very richest people,” he says.
The 20% having some form of agreement applied to those married since 2000, compared with just 1.5% who were married in the 1970s, 5% in the 1980s and 8% in the 1990s. The charity’s poll did find higher earners were more likely to have prenups; higher earning women in particular. In terms of education, the findings were the other way round.
Mr Benson says he personally finds the idea of “dividing up the spoils before you even get started” as “deeply” unromantic. “Divorce law, broadly speaking, protects people,” he says. “For the vast majority, there’s not an awful lot of point to getting them. And of course, there is the risk that you make the proposal, down on one knee, and then say, ‘please sign my prenup’. The response? ‘Get stuffed! Are you the type of person I want to marry?'”
However, he says the research found no link to divorce rates – that having a prenup did not make it more or less likely that a couple would go on to break up.
“It’s not for me, but it is for some people,” he says. “I can see why people do it and I can certainly see the benefits for some… I just personally find them a bit oxymoronic.”
But the idea of the prenup being unromantic is definitely changing. Wenup says making the process more equitable and open means they are seeing the shift firsthand, with customers who don’t necessarily fit the stereotype of rich wealth protectors.
“If you’re not sure you need one, you probably need one,” says the Legal Queen. “They’re a bit like insurance – you hope you never have to claim on it, but it’s there to protect you if you do.”
Prince Andrew insisted his accuser, Virginia Giuffre, sign a one-year gag order – to prevent details of her allegations tarnishing the late Queen’s platinum jubilee, her memoirs have claimed.
Andrew relinquished his Duke of York title and remaining honours on Friday evening.
But, according to The Telegraph, Ms Giuffre’s book, which is due out on Tuesday, is focusing further attention on the sexual assault allegations and the prince’s friendship with paedophile Jeffrey Epstein, which led to the royal’s downfall.
She tells how Andrew’s “disastrous” Newsnight interview with Emily Maitlis was like an “injection of jet fuel” for her legal team, and it raised the possibility of “subpoenaing” his ex-wife Sarah Ferguson, and daughters Princess Beatrice and Princess Eugenie and drawing them into the legal case.
Please use Chrome browser for a more accessible video player
1:11
Prince Andrew’s ’embarrassed’ Royals ‘for years’
The Telegraph also reports Ms Giuffre’s claims that she got “more out of” Andrew than a reported £12m payout and $2m (around £1.4m) donation to her charity because she had “an acknowledgement that I and many other women had been victimised and a tacit pledge to never deny it again”.
Ms Giuffre alleged she was forced to have sex with the prince when she was 17, after being trafficked by Epstein. Andrew continues to vehemently deny her allegations.
Queen Elizabeth II was celebrating her platinum jubilee in 2022 – the first British monarch to reach the milestone – as the civil case against her son was gathering pace.
It was settled nine days after she reached the 70th anniversary of her accession.
According to the Telegraph, Ms Giuffre, who died in April, reveals in her book: “I agreed to a one-year gag order, which seemed important to the prince because it ensured that his mother’s platinum jubilee would not be tarnished any more than it already had been.”
Image: Parades, processions, concerts and street parties were held across the UK in celebration of the Platinum Jubilee. Pic: PA
In January 2022, a US judge ruled the civil case against Andrew could go ahead, and the Queen went on to strip him of his honorary military roles, with the prince also giving up his HRH style.
‘Devastating’ interview
His 2019 Newsnight interview, which he hoped would clear his name, backfired when he said he “did not regret” his friendship with convicted paedophile Epstein, who trafficked Ms Giuffre.
Image: Prince Andrew and Virginia Giuffre (then Roberts) in 2001 – a picture the prince claimed had been doctored. Pic: Shutterstock
Andrew also said he had “no recollection” of ever meeting Ms Giuffre and added he could not have had sex with her in March 2001 because he was at Pizza Express with his daughter Beatrice on the day in question.
Ms Giuffre, whose book is called Nobody’s Girl: A Memoir of Surviving Abuse and Fighting for Justice, wrote, according to The Telegraph: “As devastating as this interview was for Prince Andrew, for my legal team it was like an injection of jet fuel.
“Its contents would not only help us build an ironclad case against the prince but also open the door to potentially subpoenaing his ex-wife, Sarah Ferguson, and their daughters, Princesses Beatrice and Eugenie.”
‘Amazed he was stupid enough’
She also told how Andrew had “stonewalled” her legal team for months before settlement discussions began moving very quickly when his deposition was scheduled for March 2022.
Ms Giuffre also wrote she was “amazed” that a member of the royal family would be “stupid enough” to appear in public with the convicted paedophile, after a photo of the pair walking in New York emerged.
Andrew, who remains a prince and continues to live in the Crown Estate property Royal Lodge, said on Friday the “continued accusations about me distract from the work of His Majesty and the royal family”.
He insisted he was putting his “family and country first” and would stop using “my title or the honours which have been conferred upon me”.
It’s not the first seismic statement I’ve had to deal with from the Royal Family late into the evening.
But what I have learnt from past experience is that when they do come in this way, it’s because the decision has been made to act now and act fast.
Which inevitably has us all wondering, why now?
Please use Chrome browser for a more accessible video player
2:35
Prince Andrew: ‘Too much of a distraction’
The latest stories about Prince Andrew and his email to Jeffrey Epstein were again a sign of just how close he’d been to the convicted paedophile, and an extract released from the late Virginia Giuffre’s book was heartbreaking and excruciatingly seedy.
And yes, the full book is released on Tuesday.
But in some ways, we have heard a lot of these lurid details before, albeit allegations that Prince Andrew denies.
Which is why it feels like this time, the family had just had enough.
It’s framed as a personal statement from Andrew, but the involvement of his relatives could not be any clearer: “In discussion with the King, and my immediate and wider family,” he writes, followed up by, “with His Majesty’s agreement, we feel I must now go a step further”.
It has always been hard to get a full picture of how much the King has engaged in the problems with his brother.
Image: Prince Andrew speaks with King Charles as they leave Westminster Cathedral Pic: Reuters
Speak to those who know the family well and they’ll tell you our current monarch “doesn’t like confrontation”, just like Queen Elizabeth II.
And while there has always remained “a warm familial feeling between the two brothers” which we’ve seen through Andrew’s appearance at family events, it is “tempered by the King’s responsibilities as head of state to be entirely separate from the perceived, real or alleged activities of the Duke of York”.
In the end, as head of the institution, and not as his brother, the King would have had to lead the discussions about the Andrew problem, but I suspect with heavy involvement from his eldest son and wife.
William, only in recent weeks, has told us there will be change when he becomes monarch, his advisors stressing he isn’t afraid to question why the Royal Family continues to do things in a certain way.
His very visible unease at standing next to Prince Andrew at the Duchess of Kent’s funeral showed us how uncomfortable he felt about his uncle being there at such a public moment.
His involvement in those discussions behind the scenes and making sure the institution was seen to be taking action against Andrew is likely to have been considerable.
Please use Chrome browser for a more accessible video player
1:37
A timeline of allegations against Andrew
I know that Queen Camilla is also a quiet but hugely powerful influence behind palace walls.
She is her husband’s listening ear, sounding board, but also not afraid to tell him when she believes there needs to be change.
Her own work to break taboos around sexual violence and encourage survivors to speak out must have made it even more difficult for her to read the stories about Andrew’s links to Epstein, and the sexual allegations against her brother-in-law, even though he has always vehemently denied them.
And then there are those closest to the Prince.
You have to have sympathy with his daughters, Princess Beatrice and Princess Eugenie. Did they tell their father that he needed to do something for their sake to try and shut down the noise?
His ex-wife, Sarah Ferguson, has also been burned in recent weeks by her association with Epstein – a spectre who, despite his death, has continued to haunt the royal family.
So what of Prince Andrew? How will this impact him?
Any sense he might have a chance at returning to some kind of public life has truly evaporated. We wait to see if, with time, he is again allowed to appear at least for family occasions.
I’ve always been told “he is robust and self-contained and always has been”.
Interpret that how you will – arrogance that he could ride it out, or a very strongly-held conviction that he has never done anything wrong?
Either way, he clearly believes he has been unfairly punished by the court of public opinion.
One thing a source did tell me is that there is a sense he’s never really needed the affirmation of his family.
He may not need their emotional support, but in the end, we have again seen how no member of the family is bigger than the institution.
Protecting the reputation of “the firm” has to come first.
Prince Andrew may feel that he has done the right thing, even done his family a favour, by personally relinquishing the use of his titles and honours, but this, in the end, was not just his choice.
No longer to be known as HRH or the Duke of York, he is now Prince Andrew only – ultimately forced to fall on his sword by his own family.
Prince Andrew has announced he is giving up his royal titles, including the Duke of York.
The decision is understood to have been made in close consultation with King Charles and other members of the Royal Family.
Prince Andrew said continued accusations against him were distracting from the King’s work.
He had been accused by Virginia Giuffre, who died in April, of sexual assault. He denies this.
Which titles is he giving up?
Prince Andrew is giving up his Duke of York title. Sky News understands this will be immediate.
He will also give up his knighthood as a Knight Grand Cross of the Royal Victorian Order (GCVO) and his Garter role as a Royal Knight Companion of the Most Noble Order of the Garter.
He will retain the dukedom, which can only be removed by an Act of Parliament, but will not use it.
Prince Andrew will also remain a prince, as the son of Queen Elizabeth II.
Image: Virginia Giuffre had accused Prince Andrew of sexually assaulting her before her death. Pic: AP
Why is this happening now?
Ms Giuffre, who was one of billionaire paedophile Jeffrey Epstein’s victims, alleged Prince Andrew sexually assaulted her on three occasions when she was 17, and sued him in 2021.
In her posthumous memoir Nobody’s Girl, due to be published on Tuesday, she alleged he was “entitled” and “believed having sex with me was his birthright”.
Prince Andrew has always denied the allegations.
He has also always claimed that a well-known image of them together was doctored. Before her death, which her family said was by suicide, the case was settled outside of court for a sum believed to have been around £12m.
Ms Giuffre’s posthumous memoir goes on sale a week after an email emerged showing Andrew told Epstein “we are in this together”.
The email was reportedly sent three months after he said he had stopped contact with the convicted sex offender.
Image: Flight logs released by a US committee from Epstein’s estate name Prince Andrew. Pic: House Committee on Oversight and Government
On Friday evening, the US House Oversight Committee also released documents from Epstein’s estate showing “Prince Andrew” listed as a passenger on the financier’s private jet – the so-called Lolita Express – from Luton to Edinburgh in 2006, alongside Ghislaine Maxwell.
He was also listed on another flight to West Palm Beach, Florida, in 2000.
The flight logs have been reported on for years but the release may have added to pressure.
“The situation has become untenable and intolerable, and this week in particular, the tipping point had been reached,” said royal correspondent Laura Bundock.
It is understood that the changes will take effect immediately.
The Giuffre family has called for the King to go further and “remove the title of Prince”.
Image: The move will not impact the Princesses, including Princess Beatrice, here.
Will this affect his ex-wife and daughters?
Sky News understands that Andrew will continue to live at the Windsor Estate at the Royal Lodge. His ex-wife, Sarah Ferguson, will also remain living at the Royal Lodge.
But for the second year running, he will not attend the Royal Family’s annual Christmas celebrations at Sandringham, it is understood.
Andrew’s ex-wife will also no longer use her Duchess of York title.
She was dropped by numerous charities last month after it emerged that she wrote to convicted sex offender Epstein, calling him a “supreme friend”, despite publicly disowning him in the media.
The decision over Andrew’s titles will not impact on the position of his daughters, Princess Beatrice and Princess Eugenie, it is understood.
She said: “This ends the questions on what more the monarch could do to show how the family felt about the accusations, the upset and the embarrassment caused.
“Will it stop the stories, the allegations and the interest in Prince Andrew? That is far less certain. But in what is the prince’s first public statement since that ill-fated Newsnight interview in 2019, it is striking that he signs it off by saying, ‘I vigorously deny the accusations against me’.”
Image: Prince Andrew made the decision to give up his titles in close consultation with King Charles, it is understood. Pic: Reuters
What did Prince Andrew say in his statement?
In his statement, Prince Andrew said: “In discussion with The King, and my immediate and wider family, we have concluded the continued accusations about me distract from the work of His Majesty and the Royal Family.
“I have decided, as I always have, to put my duty to my family and country first. I stand by my decision five years ago to stand back from public life.
“With His Majesty’s agreement, we feel I must now go a step further. I will therefore no longer use my title or the honours which have been conferred upon me.
“As I have said previously, I vigorously deny the accusations against me.”
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.