A YouGov poll commissioned by law firm Kingsley Napley shows that a majority of the UK public (55%) think pre- and post- nuptial agreements are a good idea in principle, whilst 60% support the idea of law reform so that these agreements are automatically upheld on divorce.
Divorcees are most likely to say that pre- and post- nuptial agreements are a good idea (71%) and are amongst the strongest supporters of law reform. In income terms, those with a household income over £100k pa showed the highest level of support for law reform (66%).
Some 41% of all those polled agreed that nuptial agreements make divorce less stressful. The research was commissioned for the launch of Kingsley Napley’s new Nuptial service which provides advice and support for anyone wishing to write, or contest, a pre- or post- nuptial agreement.
It comes just weeks after the Law Commission published a report scoping options for legal reform regarding financial remedies on divorce, which included the idea of providing greater certainty around nuptial agreements. Currently, when pre- and post- nuptial agreements are disputed, this becomes a matter for the courts. Kingsley Napley Family partner Jane Keir commented:
“Our survey shows over half of people now view nuptial agreements favourably and we continue to see growing interest in them year on year. Sadly, there are no imminent plans from this Government for law change on pre-nups but there should be. The jungle drums for reform in this area will only get louder.”
Other findings of the Kingsley Napley/You Gov poll reveal that those in the 18-24 age bracket were more likely to see pre-and post-nuptial agreements as a good idea when getting married for the first time (47%).
What’s more, there was greater positivity towards the use of pre- and post-nuptial agreements when getting married again (46% vs 34% who said it was a good idea for first marriages).
55% of respondents said a nuptial agreement is a good idea when there are children from a previous relationship. Respondents said they would consider it most important to protect property (38%) and savings (34%) over pension (28%) and inheritance (22%) if they were to sign a pre- or post- nuptial agreement.
Nearly a third of the public (30%) wouldn’t change their view of a relationship if their partner refused to sign a nuptial agreement. Jane Keir added:
“Given some 40% of marriages these days now end in divorce, whether you are getting married for the first, second or even third time, nuptial agreements should be a standard part of your conversation and wedding related admin.
So long as they are fair and entered into without undue pressure and with both parties fully understanding of each other’s financial positions and the contents, they can be very sensible and practical agreements. In our experience, even if challenged, more often than not they are upheld if they have been prepared properly but without doubt reform to provide more certainty around this would be a good thing.”
