US Figures Echo Trends Across The UK

New figures from both sides of the Atlantic have revealed that a growing number of women are choosing to protect their assets through pre-nuptial agreements, with experts linking the trend to increasing success in the workplace.

New research by the American Academy of Matrimonial Lawyers found that 63 per cent of family law specialists polled have seen an increase in the use of such agreements among couples from all walks of life.

It also showed that a growing number of women are seeking to put such measures in place, with 46 per cent of ‘requesters’ now being female. According to experts, the developments were a sign that women are becoming more “economically powerful”.

The research echoes trends seen in the UK. Since a landmark Supreme Court decision in 2010, pre-nuptial agreements are becoming more prevalent on these shores, as they are much more likely to be upheld by a divorce court than has historically been the case.

Couples proposing to enter into a pre-nuptial agreement can expect to be advised by their legal team that the agreement is extremely likely to be adhered to in the event of a future split, unless it is very unfair to one party at the time of a divorce.

Expert Opinion

Many people incorrectly think of pre-nuptial agreements as the reserve of the extremely wealthy. This does not have to be the case. People enquiring about pre-nups can be from all walks of life. <br/> <br/>“In fact, in some respects the less wealthy you are, the more valuable assets become and the more protective of them one may be. An example might be one party owning a property on their own, prior to getting together with their intended spouse. <br/> <br/>“Coupled with a greater awareness amongst the public of risks inherent with divorce litigation, and the legal costs involved, many seek to regulate arrangements for a future split themselves, either at the start of a marriage with a pre-nup, or subsequently with a post-nup. They can make the divorce process less expensive and more predictable. <br/> <br/>“Another trend Irwin Mitchell has noted is that the number of divorcing spouses fighting it out in court over how to share their financial assets appears to be reducing with increasing interest in family mediation and collaborative law. These forms of resolving disputes are centred on the couple themselves working together, with a mediator or their lawyers, to reach a mutually acceptable solution. <br/> <br/>"People are becoming more mature about their finances and as the economic responsibility or power between the potential spouses becomes a bit more even (as both parties are probably working) it seems to be a discussion that couples are able to have."