Henry Hood comments on UHNW prenuptial agreements in The Independent

Henry’s comments were published in The Independent, 2 April 2023, and can be seen here.

Henry Hood, Head of our Family & Relationships department, offers expert insight in a recent article examining the rise and role of prenuptial agreements, particularly among high-net-worth individuals.

Once considered ineffective in England, prenups gained legal weight following the 2010 Radmacher v Granatino case.

Henry explains that while these agreements are still not strictly binding, courts are now likely to uphold them if they are entered into properly and do not result in significant unfairness. He also highlights their importance in second marriages, where they can help manage expectations around inheritance and protect the interests of children from previous relationships.

The article explores how prenups are increasingly viewed as practical tools rather than unromantic gestures. Legal experts describe them as a form of “insurance” that can prevent costly litigation in the event of divorce.

While American-style “lifestyle clauses” (such as infidelity penalties or weight stipulations) are more sensational, they are largely unenforceable under English law and may even increase conflict.

Henry notes that prenups are becoming more common even among those who are not yet wealthy but anticipate future earnings or inheritances. He likens them to other essential life planning tools, such as wills or powers of attorney, sensible, protective measures that are gradually becoming mainstream.

Read the full article on The Independent website [external link].