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.”
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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.
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‘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.”
The UK is deporting 60 delivery riders found to be working illegally after an immigration crackdown.
Targeted action against workers in the so-called gig economy led to 171 arrests nationwide last month, the Home Office said.
Those arrested included Chinese nationals working in a restaurant in Solihull, Bangladeshi and Indian riders in east London, and Indian delivery riders in Norwich.
The drive comes as ministers try to crack down on illegal working in the UK, as part of efforts to deter those coming to the country illegally.
Home Office figures show there were 8,232 arrests of illegal workers in the year to September, up 63% compared with the previous 12 months.
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2:40
Net migration figures down
Home Secretary Shabana Mahmood set out reforms to the asylum system last month, aimed at making the UK less attractive for illegal migration and making it easier to deport people.
Border security minister Alex Norris said the government was rooting out the criminality of illegal working in the delivery sector from communities.
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He went on to say: “These results should send a clear message, if you are working illegally in this country, you will be arrested and removed.
“This action is part of the most sweeping changes to illegal migration in modern times to reduce the incentives that draw illegal migrations here and scale up removals.”
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2:02
Home secretary sets out migration rules
Ministers have also been working with firms Deliveroo, Just Eat and Uber Eats to address concerns of abuse in the sector and ramping up identity checks to tackle account-sharing.
The Home Office also agreed in July to share asylum hotel locations with food delivery companies, to tackle suspected hot spots of illegal working.
The action also comes as the government’s new Border Security, Asylum and Immigration Act became law on Tuesday, which includes measures to close a “loophole” for casual, temporary or subcontracted workers to also have to prove their status.
Employers who fail to carry out checks could face up to five years in prison, fines of £60,000 for each illegal worker they have employed, and having their business closed.
Environment Agency bosses have been accused of “failing” to tell a cross-party committee of peers about three large-scale illegal waste sites – including one that was recently exposed by Sky News.
Our investigation into waste crime in Wigan heard from residents who repeatedly complained to the Environment Agency that 20 to 30 lorries a day drove down their street last winter and dumped industrial amounts of waste.
The rubbish now sits at a staggering 25,000 tonnes. It burnt for nine days in July, and has seen local homes infested with rats and flies.
Since then, a similarly sized site in Kidlington near the River Cherwell in Oxfordshire sparked national outrage. One man has been arrested in connection with the dumping.
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8:32
‘Epidemic’ of waste crime in Britain
Despite the scale of these two locations – which were well known to the Environment Agency – it neglected to name them when asked by the Lord’s Environment Committee’s inquiry into waste crime how many “significant” sites there were around the country.
Phil Davies and Steve Molyneux of the Environment Agency gave evidence on 17 September.
Just six sites were cited, but three more have been exposed in the past few weeks alone. These are Wigan, Kidlington and a mound of dumped waste in Wadborough.
Now, the Lords are worried there are more environmentally destructive locations the public aren’t aware of.
In a letter to the EA’s chair Alan Lovell and chief executive Philip Duffy, Baroness Sheehan, chair of the Environment and Climate Change Committee, said: “We are increasingly concerned that there may be other sites of a similarly large and environmentally damaging scale.”
She asked how much progress has been made to remove waste from the various sites, why restriction notices in places like Wigan weren’t served sooner – and for a full list of other sites of a similar size.
Baroness Sheehan also expressed her “disappointment” that these three new locations “were not deemed necessary to bring to the committee’s attention”, though she thanked journalists for “bringing these sites to the public attention”.
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2:17
UK’s ‘biggest ecological disaster’
Her original report saw the Lords call for an independent “root and branch” inquiry into how waste crime is tackled. She said the crime, which costs the UK £1bn every year, has been “critically under-prioritised”.
A new long-awaited child poverty strategy is promising to lift half a million children out of poverty by the end of this parliament – but critics have branded it unambitious.
• Providing upfront childcare support for parents on universal credit returning to work • An £8m fund to end the placement of families in bed and breakfasts beyond a six-week limit • Reforms to cut the cost of baby formula • A new legal duty on councils to notify schools, health visitors, and GPs when a child is placed in temporary accommodation
Many of the measures have previously been announced.
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6:44
Two-child cap ‘a real victory for the left’
The government also pointed to its plan in the budget to cut energy bills by £150 a year, and its previously promised £950m boost to a local authority housing fund, which it says will deliver 5,000 high-quality homes for better temporary accommodation.
Downing Street said the strategy would lift 550,000 children out of poverty by 2030, saying that would be the biggest reduction in a single parliament since records began.
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But charities had been hoping for a 10-year strategy and argue the plan lacks ambition.
A record 4.5 million children (about 31%) are living in poverty in the UK – 900,000 more since 2010/11, according to government figures.
Phillip Anderson, the Strategic Director for External Affairs at the National Children’s Bureau (NCB), told Sky News: “Abolishing the two-child limit is a hell of a centre piece, but beyond that it’s mainly a summary of previously announced policies and commitments.
“The really big thing for me is it misses the opportunity to talk about the longer term. It was supposed to be a 10-year strategy, we wanted to see real ambition and ideally legally binding targets for reducing poverty.
“The government itself says there will still be around four million children living in poverty after these measures and the strategy has very little to say to them.”
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2:56
‘A budget for benefits street’
‘Budget for benefits street’ row
The biggest measure in the strategy is the plan to lift the two-child benefit cap from April. This is estimated to lift 450,000 children out of poverty by 2030, at a cost of £3bn.
The government has long been under pressure from backbench Labour MPs to scrap the cap, with most experts arguing that it is the quickest, most cost-effective way to drive-down poverty this parliament.
The government argues that a failure to tackle child poverty holds back the economy, and young people at school, cutting their employment and earning prospects in later life.
However, the Conservatives argue parents on benefits should have to make the same financial choices about children as everyone else.
Shadow chancellor Mel Stride said: “Work is the best way out poverty but since this government took office, unemployment has risen every single month and this budget for Benefits Street will only make the situation worse. “
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1:08
OBR leak: This has happened before
‘Bring back Sure Start’
Lord Bird, a crossbench peer who founded the Big Issue and grew up in poverty, said while he supported the lifting of the cap there needed to be “more joined up thinking” across government for a longer-term strategy.
“You have to be able to measure yourself, you can’t have the government marking its own homework,” he told Sky News.
Lord Bird also said he was a “great believer” in resurrecting Sure Start centres and expanding them beyond early years.
The New Labour programme offered support services for pre-school children and their parents and is widely seen to have improved health and educational outcomes. By its peak in 2009-2010 there were 3,600 centres – the majority of which closed following cuts by the subsequent Conservative government.
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1:50
Lord Bird on the ‘great distraction’ from child poverty
PM to meet families
Sir Keir Starmer’s government have since announced 1,000 Best Start Family Hubs – but many Labour MPs feel this announcement went under the radar and ministers missed a trick in not calling them “Sure Starts” as it is a name people are familiar with.
The prime minister is expected to meet families and children in Wales on Friday, alongside the Welsh First Minister, to make the case for his strategy and meet those he hopes will benefit from it.
Several other charities have urged ministers to go further. Both Crisis and Shelter called for the government to unfreeze housing benefit and build more social rent homes, while the Children’s Commissioner for England, Dame Rachel de Souza, said that “if we are to end child poverty – not just reduce it” measures like free bus travel for school-age children would be needed.
The strategy comes after the government set up a child poverty taskforce in July 2024, which was initially due to report back in May. The taskforce’s findings have not yet been published – only the government’s response.
Sir Keir said: “Too many children are growing up in poverty, held back from getting on in life, and too many families are struggling without the basics: a secure home, warm meals and the support they need to make ends meet.
“I will not stand by and watch that happen, because the cost of doing nothing is too high for children, for families and for Britain.”