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31st January 2025

Alex Brereton & Priya Mohanakumar explore the pros and cons of pre-nuptial agreements in Tatler

Alex Brereton
Alex Brereton
Partner
Priya Mohanakumar
Priya Mohanakumar
Trainee Solicitor

Alex and Priya’s article was published in Tatler, 31 January 2025, and can be seen here.

In the Tatler article, Alex Brereton, Partner and Priya Mohanakumar, Trainee Solicitor, discuss why couples might consider pre-nuptial agreements and how to navigate that tricky conversation with a partner. They also explain what a pre-nup is, its function, and the basic requirements for entering into one.

Approaching pre-nups

Anecdotally, 2024 was the 'year of the pre-nup' for family lawyers, with unprecedented numbers of young, financially independent professionals seeking the greater clarity and certainty afforded by these agreements, which a decade ago were the preserve of wealthy international dynasties and very few besides.

Unlike their forebears, this generation of brides and grooms-to-be are approaching marriage with greater pragmatism. So, if you’re basking in the glow of a Christmas engagement you may have the notion of a pre-nup in the back of your mind. But how on earth do you broach the subject with your partner, and anyway, aren’t they complex and time consuming, not to mention unromantic and divisive, and might they not even be followed by the Court if you get divorced? It’s easy to see why one might put off having that conversation…

However, whilst all these things can be true, they don’t have to be. When approached collaboratively, the process for entering into a pre-nup can and should be straightforward and non-confrontational. It is a valuable opportunity to promote transparency and sensible forward planning, and provides couples with a platform to enter into their marriage with a really clear understanding of each other’s priorities and ambitions. Further, the English Supreme Court has confirmed that judges will follow the terms of a pre-nup where it has been properly entered into and provides for a 'fair' outcome – meaning they can be relied upon to avoid the cost and stress of a messy financial battle on divorce.

Read the full article here: Approaching pre-nups (Tatler)