The recent research highlighted by STEP sheds important light on the evolving role of nuptial agreements in England and Wales. Traditionally perceived as tools for the ultra-wealthy or celebrity couples, these agreements are increasingly being used by individuals with modest or even no assets at the time of marriage. This shift reflects a broader cultural change: a move away from the assumption of shared marital acquest towards a desire for financial certainty and autonomy.

In a discretionary legal system like ours, where outcomes can vary significantly depending on the judge and the circumstances, the absence of a nuptial agreement can lead to considerable anxiety and escalating legal costs. For many couples, the unpredictability of financial outcomes on separation is a source of stress that can be mitigated by a well-drafted agreement.

Importantly, these agreements are not about undermining fairness. They are about clarity. As the STEP article notes, fairness often revolves around meeting needs, but what constitutes "needs" can vary widely. A nuptial agreement, properly constructed, can help define those expectations early on, reducing the scope for conflict later. 

However, for these agreements to be effective, timing and process are crucial. Couples should seek legal advice early in their engagement - not as a last-minute formality before the wedding. Ensuring that all the criteria established by case law and the Law Commission guidelines are met (such as full disclosure, independent legal advice, and no undue pressure) gives the agreement the best chance of being upheld if the relationship breaks down.

It’s also essential to remember that a nuptial agreement is not a “sign and done” document. Circumstances change. Children may be born, careers may shift, inheritances may be received. Regularly reviewing and, where necessary, updating the agreement ensures it remains fair and reflective of the couple’s current situation and wishes. This ongoing attention helps preserve the integrity of the agreement and strengthens its enforceability.

This research is a timely reminder that nuptial agreements are not about mistrust. They are about mutual respect and planning. They offer a framework for couples to have honest conversations about their financial futures, whatever their current circumstances.