Prenuptial agreements are on the rise – so why do they still feel taboo?

Published

2 years ago

May 18, 2024

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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.

“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.”

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.

‘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.”

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.

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.”

*Names have been changed

UK

Steven Hutton: Three men and one woman jailed over ‘frenzied’ Dundee murder

Published

8 hours ago

December 9, 2025

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Steven Hutton: Three men and one woman jailed over 'frenzied' Dundee murder

Three men and a woman have been jailed for at least 20 years for the brutal murder of a much-loved son.

Steven Hutton, 43, was hit with a hammer and stabbed in the heart during a late-night home invasion at his flat in Dundee in March 2024.

He was taken to the city’s Ninewells Hospital, but died the following day.

Brian Miller, 29, Scott Henderson, 40, Barry Murray, 45, and Carri Stewart, 44, were on Monday found guilty of murder following a trial at the High Court in Glasgow.

The killers were each handed a life sentence, and will spend at least two decades behind bars.

In her sentencing statement, Judge Lady Haldane said the evidence provided a “compelling picture of a plan to inflict serious violence upon Mr Hutton in his own home”.

The judge described it as a “frenzied assault”, which in part was sparked due to a “missing packet of Pregabalin medication”.

‘Callous’ behaviour

Lady Haldane stated: “Steven Hutton lost his life in these horrific circumstances, compounded by the fact that not one of you sought to seek assistance for him as he lay dying until you were all well clear of the property.

“That is behaviour that can only be described as callous.”

The judge paid tribute to Mr Hutton’s family and friends.

She added: “Those close to Mr Hutton, in particular his mother, have attended faithfully every day of this trial, and their quiet dignity throughout what must have been at times harrowing and distressing evidence stands in stark contrast to your behaviour.

“Mrs Hutton has in addition provided a detailed and moving account of her relationship with Mr Hutton, her only son, and the impact his loss has had upon her.

“I thank her for taking the time to prepare this thoughtful document, and I have taken all that she has said into account.”

Detective Inspector Richard Baird said the killers “now face the consequences of their actions”.

He added: “This was an unprovoked attack that cost Steven Hutton his life. We hope this conviction brings some form of comfort to Steven’s family.”

UK

‘Stakeknife’ spy inside IRA committed ‘worst possible’ crimes and should be named, says report

Published

8 hours ago

December 9, 2025

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'Stakeknife' spy inside IRA committed 'worst possible' crimes and should be named, says report

A new report into the activities of the top British spy inside the IRA during The Troubles has said that he “committed crimes of the worst possible kind”, including torture and murder, and should be publicly named by the UK government.

It’s widely accepted that the late republican Freddie Scappaticci was the agent, codenamed “Stakeknife”.

He headed the IRA‘s so-called “nutting squad”, a notorious internal security unit tasked with hunting and executing informants, but was himself operating as a mole for British intelligence.

The final report of a seven-year investigation named Operation Kenova has found that “there is a compelling ethical case” to reveal the agent’s identity.

Operation Kenova live: ‘Stakeknife’ spy inside IRA committed ‘worst possible’ crimes

Head of Kenova Sir Iain Livingstone said that “it is in the public interest that Stakeknife is named”. He urged the government to depart from its “neither confirm nor deny” (NCND) policy on the grounds of public interest.

It’s understood that the government believes Stakeknife cannot be officially named at this time due to some outstanding legal issues. Sky News has approached No 10 Downing Street for comment.

Freddie Scappaticci died two years ago denying that he was the agent, but all sides in Northern Ireland accept his denial was false.

The report also found a “significant failure” by MI5 in its late provision of materials to the investigation. “The further material revealed MI5 had earlier and greater knowledge of the agent than previously stated,” the report says.

Sir Ian Livingstone added that “further investigative opportunities were undoubtedly lost”, and that the confidence of the communities in Northern Ireland was undermined. Sky News has approached the security agency for comment.

Stakeknife produced a “vast” amount of intelligence. 3,517 reports from the agent were discovered, including 377 from one 18-month period. But the report found the intelligence was not shared with those who could have used it to save lives.

Analysis: Report exposes failure upon failure, decade after decade

He was the most notorious spy of the Troubles. A vicious spy-catcher who was a traitor himself.

Today’s final report into the activities of “Stakeknife” will continue to gall the victims of the IRA’s brutal internal system of “justice”.

We were familiar with many of its findings from last year’s interim report.

We knew Stakeknife’s record in saving lives – the necessary evil school of thought – was greatly exaggerated, and he actually cost more lives than he saved.

We knew his British security forces handlers failed to use intelligence to save lives, in order to protect their “golden egg” from exposure.

We didn’t know their special unit was called “the rat hole”, or that the agent’s betrayal was effectively carried out for financial reward… details that make the whole episode seem even more sordid.

Relatives of those he helped to murder will be disgusted at revelations that his handlers twice took him on holiday out of Northern Ireland – even flying him on military aircraft – at a time when the police were hunting him for murder.

Even now, after an exhaustive inquiry into his activities, Operation Kenova finds that MI5 are responsible for “a significant failure” in the late discovery of important material – costing the team investigative opportunities.

Failure upon failure, decade after decade.

The time for official silence over the spy’s identity must be over.

The dogs on the street in West Belfast know it was Freddie Scappaticci.

Kenova wants the prime minister to authorise his official naming. With no prosecutions in the offing, and Scappaticci in his grave, it may at least bring some succour to the victims’ families today.

Their loved ones were deemed traitors at the height of a dirty war. Tortured, shot in the head, and dumped.

Funerals were low-key, stigma-bound affairs, often taking place early in the morning, with few attendees. Shame hung over these republican families for years.

The man responsible fled Northern Ireland and died in hiding.

Today’s report contains few shocks, but similarly little comfort for the victims of the nutting squad.

Last year, Operation Kenova’s interim report found the security forces were frequently aware of imminent abductions and murders but failed to protect those at risk.

Today’s report found his army handlers even took Stakeknife out of Northern Ireland for two holidays, at a time when he was sought by police for murder and kidnapping. He was flown on military aircraft and given military ID.

As a result, preventable deaths occurred with the security forces’ knowledge and those responsible were not brought to justice and were instead left free to reoffend.

‘Wholly unjustified criminality’

The 2024 report also concluded that Stakeknife was involved in “very serious and wholly unjustifiable criminality”, including murder, and claims his intelligence saved “countless” or “hundreds” of lives were exaggerated. It found that the number of lives saved by his spying ranged from the high single figures to low double figures.

This contradicted claims that Scappaticci had saved hundreds of lives during the years he was active, with a former defence chief describing him as “the goose that laid the golden eggs”. The interim report found that claim to be “inherently implausible” and “a comparison rooted in fables and fairy tales”.

The 2024 report also called on the UK government to apologise to bereaved families, given that many murders were avoidable.

‘Each evil act being the epitome of cowardice’

There was also a call for an apology from republican leaders for “the most shameful and evil” actions of the Provisional IRA (PIRA). “It was PIRA that committed the brutal acts of torture and murder, each evil act being the epitome of cowardice,” the report stated.

No prosecutions connected with Stakeknife will take place, prosecutors in Northern Ireland have already decided.

Families of IRA victims associated with Stakeknife will give their response to the Kenova report in a news conference later today.

They want Scappaticci to be officially named, and many are seeking an apology from the British government.

UK

Emma Caldwell: Public inquiry formally under way which will probe how killer Iain Packer evaded justice for almost 20 years

Published

8 hours ago

December 9, 2025

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Emma Caldwell: Public inquiry formally under way which will probe how killer Iain Packer evaded justice for almost 20 years

A public inquiry into the murder of a woman is now formally under way and will examine what went wrong in the police investigation that allowed a serial rapist to evade justice for almost 20 years.

Iain Packer murdered Emma Caldwell, 27, in 2005.

In February 2024, he was ordered to serve a minimum of 36 years behind bars after being convicted of a string of violent offences.

Alongside double-murderer Andrew Innes, it is the second longest sentence ever handed down by a Scottish court, behind the 37-year minimum jail term given to World’s End killer Angus Sinclair in 2014.

Packer was found guilty of 33 offences following a trial at the High Court in Glasgow, including Ms Caldwell’s murder, 11 rapes and multiple sexual assaults against other women.

Following the killer’s conviction, Sky News heard testimony from several former sex workers who raised concerns to police about his dangerous sexual behaviour years before Ms Caldwell was murdered.

The Scottish government last year ordered a judge-led public inquiry into the police handling of the case, which will be chaired by Lord Scott.

In an update on Tuesday, Justice Secretary Angela Constance announced it has now been formally set up and work is under way.

The inquiry will examine the investigative strategy and decision-making by what was then Strathclyde Police, including the direction given by the Crown Office and Procurator Fiscal Service (COPFS).

It will probe what steps could reasonably have been taken that might have resulted in Packer being apprehended and prosecuted at an earlier stage, and any other factors relevant to the circumstances of the investigation and related prosecution.

The inquiry will also examine if any failings in training, procedures, operating models or systems of working contributed to any failures in the police and COPFS case.

The subsequent findings and any recommendations will be reported to Scottish ministers.

Ms Constance said: “My thoughts continue to be with Emma Caldwell’s mother Margaret and her family, who have suffered unimaginable heartbreak.

“The public inquiry will look at what went wrong in the investigation of Emma’s murder and I hope it will provide the answers that the family need and deserve.

“I consulted with the chair, Lord Scott, on the terms of reference for the inquiry and also met the Caldwell family and other parties to discuss the inquiry’s remit.

“While these terms do not feature all of the issues raised with me during discussions, I am satisfied that they are both well focused and sufficiently flexible and broad enough to allow the chair to examine wider issues he may consider relevant to a robust, efficient and effective inquiry.”

Ms Caldwell vanished in April 2005 just days after telling her mother about her hopes to defeat a heroin addiction, which began after her sister’s death.

She went missing in Glasgow while working as a sex worker. Her body was discovered the following month in Limefield Woods, South Lanarkshire.

Investigating officers interviewed Packer that June but he was not convicted until almost two decades later after cold case detectives re-examined the case in 2015.

Police Scotland apologised to Ms Caldwell’s family and Packer’s other victims for how the original inquiry was handled by Strathclyde Police, saying they were “let down”.

Margaret Caldwell, Ms Caldwell’s mother, has never given up on her pursuit of the truth.

Solicitor Aamer Anwar, the family’s lawyer, said: “The reference to Strathclyde Police in the terms of reference may be interpreted by some to mean that the inquiry can only deal with the police force up until, but not beyond when it became Police Scotland.

“Strathclyde Police ceased on 1 April 2013 when it merged into a single national service, as Police Scotland.

“If this inquiry is to pursue the truth, then it must look not only at Strathclyde Police, but what happened when Police Scotland took over responsibility.”

Mr Anwar said Packer’s survivors “deserve their place at the heart of this inquiry”.

He added: “A toxic culture of misogyny and corruption meant the police failed so many women and girls who came forward to speak up against Packer.

“Instead of receiving justice and compassion, they were humiliated, dismissed and in some instances arrested, whilst the police gifted freedom to an evil predator to rape and rape again.”