Family solicitor and collaborative lawyer, Elizabeth Hicks, was recently featured in Tatler, where she reflected on a clear shift in how pre-nuptial agreements are viewed. Once considered unromantic and/or reserved for the ultra-wealthy, pre-nuptial agreements are increasingly recognised as a constructive part of planning a future together.
Elizabeth highlights that this change is not only driven by couples, but also by the wider family around them. As she explains,“There has been a lot more publicity in the last few years about pre-nups which mean they are more in the public arena than was previously the case.” Greater awareness, particularly where there are existing property and business assets or family wealth, is bringing these conversations forward and with more confidence.
With greater financial independence and a more open approach to discussing finances and expectations, younger generations are more comfortable having these conversations in the earlier stages of a relationship. Conversations are also becoming broader and more practical, often going beyond finances to reflect the realities of modern life. This can include thinking ahead to shared expectations for children and roles within the family, as well as considering what should happen to a much-loved pet if the relationship ends. It might not seem romantic, but Elizabeth believes there is no better time to decide what is fair than when you are content in your relationship and, if handled correctly, these conversations can provide a strong foundation for marriage.
Elizabeth emphasises that how a pre-nuptial agreement is approached really matters and encourages couples, wherever possible, to work together to prepare their pre-nuptial agreement in the spirit of their union. Taking independent legal advice, being open about finances and allowing ample time before the wedding all help ensure that any agreement is fair. Rushing the process can have an impact on the relationship as well as increasing the risk of challenge later, particularly where there is pressure close to the wedding date. Starting conversations early makes a real difference.
Even with time on your side and the best intentions, this is a process which can be challenging. Our team at Family Law in Partnership includes relationship therapists and counsellors who can work alongside legal professionals to support you to communicate effectively, navigate the emotional challenges that come with these kinds of conversations and feel more confident in the process.
Elizabeth advises families and individuals across all areas of family law. She specialises in Pre-Nuptial and Post-Nuptial Agreements, including complex circumstances involving extensive wealth, asset structures and cross-jurisdictional issues. Elizabeth is a member of the Legal 500 Hall of Fame, a Spear’s 500 Top Recommended Family Lawyer and has been listed in the Tatler Address Book for many years.
If you are considering a pre-nuptial agreement or would like to understand how they work in practice, you will find answers to many of the most common questions here.
