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Research shows explosion in post-nup enquiries

An increasing number of married couples across the UK are considering signing post-nuptial agreements to safeguard their future finances, our new research has revealed.

Analysis of Google habits across the country ORJ has revealed an explosion in the number of post-nuptial-related searches over the last 12 months.

Google statistics show the number of people searching for information around pre-nuptial agreements has remained high but relatively steady over the last five years.

But there has been a clear upward surge in the number of people looking for advice over signing pre-emptive agreements while already married.

The number of people searching the term “post-nuptial agreement” has risen by 200%. Searches for “post-nuptial agreement lawyer” have increased by 170%, while “what is a post-nuptial agreement” has seen a 140% rise.

A pre-nuptial agreement is a legal document signed before marriage, outlining asset division if the couple divorces.

A post-nup agreement is similar but is drafted at any point during marriage, usually by a lawyer.

Angie Parker, Head of Family at ORJ, said she was not surprised by the findings – and suggested high-profile celebrity cases may be playing a role in the increase in interest.

She said: “I have certainly seen a notable increase in the number of couples taking out post-nups. In my experience, it tends to be couples in their forties to sixties who have either inherited from parents or expect to inherit shortly.

“One party has effectively received an injection of wealth that didn’t exist at the time of marriage and the goalposts have moved.

“The couple are often happily married but agree that inherited wealth should not be split 50/50 in the event of divorce. Inheritance isn’t automatically treated as a matrimonial asset when a couple separates but, even so, a post-nup can add some clarity and assurance.

“I think pre-nups and post-nups are more widely understood now, too, thanks in part to high-profile couples such as Beyoncé and Jay-Z, who reportedly signed a post-nup agreement over their combined fortune of around £2.5 billion.

“Talking to a partner about a pre-nup or a post-nup can be awkward and possibly a bit unromantic, but thinking about all possible future eventualities is always wise.

“That is particularly true if there are large amounts of money at stake or there is a large disparity in wealth between the two parties. An experienced solicitor can help navigate the conversation in a sensitive manner.”

In the UK, nuptial agreements aren’t currently legally binding but are considered by courts if deemed fair. They must be freely entered into, with full financial disclosure and independent legal advice. Courts assess fairness, ensuring no undue pressure or significant disadvantage.

Discussions are ongoing over whether pre and post-nups will become legally binding at some point in the future.

Rather then heightening problems in a relationship, Angie said post-nups can help a rocky relationship re-focus.

“If a marriage is going through a tricky period, both parties can start thinking about how divorce could affect their finances and that often doesn’t help,” she said.

“A post-nup can remove those money worries, add some clarity and allow the couple to fully concentrate on their relationship.”

Angie has experience of dealing with both pre-nuptial agreements and post-nuptial agreements. Contact her for a no obligation initial conversation.