The Truth About Prenuptial Agreements: New Survey Data Reveals Common Myths
For many couples, marriage is more than a personal commitment. It can also involve the bringing together of property, income, pensions, business interests, inherited wealth and wider family expectations. Where financial circumstances are more complex, decisions made before or during marriage can have long-term consequences.
New research from JMW reveals a surprising shift in how UK adults view prenuptial agreements. Belief in the value of nuptial agreements remains high, particularly as a way to reduce uncertainty and avoid future legal disputes. However, at the same time, the findings show that important knowledge gaps remain. Postnuptial agreements are much less widely understood than prenups, while legal myths continue to influence how people think about whether an agreement is necessary, who it is for and whether it will be legally binding if the marriage or civil partnership later ends.
Below, we set out the full findings of JMW’s 2026 survey, including how popular prenuptial agreements and postnuptial agreements are, why the “rich and famous” myth is growing, what people misunderstand about whether these agreements are legally binding, and what couples should consider before signing one.
Executive Summary: What Does JMW’s Research Reveal About Prenups and Postnups?
A nuptial agreement is an agreement made before (prenup) or during (postnup) marriage or civil partnership that sets out how a couple intends certain financial issues to be dealt with if the relationship later breaks down. This may include property, business interests, pensions, savings, inheritance, debts and other assets.
JMW commissioned this research to understand how UK adults currently view prenuptial agreements and postnuptial agreements, where there are knowledge gaps, and whether common myths are influencing decisions about financial planning before and during marriage.
The survey was conducted by Pollfish in May 2026 and gathered responses from 1,000 UK adults. The findings show that many people recognise the value of nuptial agreements, particularly where there are assets to protect, but public understanding of the law remains inconsistent.
Key findings from the survey include:
- 10 per cent of respondents said they have or have had a prenuptial agreement.
- 12.34 per cent said they have or have had a postnuptial agreement.
- 31.7 per cent said they would consider a prenup in the future.
- 31.4 per cent believe prenups are only for celebrities, compared with 16.15 per cent in 2024.
- 38.5 per cent said they do not understand what postnuptial agreements are.
- 61.48 per cent of respondents who felt confident that they understood prenups also believed they are legally binding.
- 75.4 per cent believe nuptial agreements can help prevent legal disputes.
- 70 per cent believe nuptial agreements can make divorce easier.
- 44.9 per cent feel that asking for a prenup is unromantic.
The research also shows a clear link between asset ownership and positive attitudes towards nuptial agreements. Respondents with buy-to-let or investment property, significant pensions, business interests, savings, investments or inheritance were more likely to view them positively than those without these assets.
This disconnect matters because prenuptial agreements and postnuptial agreements do not solely protect the interests of the wealthier party in the marriage. Pre-nups provide structure, transparency and certainty around financial arrangements, they help ensure that the financially weaker party is properly provided for, and that their financial needs are met in the event the relationship breaks down.
They can also help couples discuss sensitive issues early, rather than leaving those decisions entirely to the court if the marriage ends.
Data Breakdown: What Do People Really Think About Prenups?
How popular are prenups and postnups?
JMW’s research shows that nuptial agreements remain part of the conversation for many UK couples.
The 2026 survey found that:
- 10%
- Of respondents said they currently have, or have previously had, a prenuptial agreement.
- 12.34%
- Said they currently have, or have previously had, a postnuptial agreement.
- 31.7%
- Said they would consider a prenup in the future.
This data is encouraging, but it shows that there are still large groups of people without a prenup and who believe a nuptial agreement is not relevant to their circumstances.
Is the myth that prenups are “only for the rich and famous” growing?
One of the clearest findings from the survey is that the perception of prenups as a tool for celebrities or the extremely wealthy has grown significantly. The survey found that the proportion of respondents who believe prenups are only for celebrities almost doubled, from 16.15 per cent in 2024 to 31.4 per cent in 2026.
This misconception can prevent people from taking advice when a properly drafted nuptial agreement could help safeguard their position. Prenups are not just for the rich and famous. They can help protect:
- Business owners including family businesses - setting out how shares and directorships will be managed in the event of divorce
- Property owners - defining how property owned before marriage and during the marriage will be treated
- Those who have received inheritance or gifted wealth - outlining how these should be preserved for the next generation.
- Couples entering a second marriage - ring-fencing assets for children from a previous relationship.
In these circumstances and many others, an agreement can bring clarity to how specific assets and debts should be treated before any future dispute arises.
What assets are most likely to push people towards nuptial agreements?
The survey shows a clear relationship between asset ownership and positive attitudes towards nuptial agreements. Respondents who owned the following assets were most likely to feel positively towards prenuptial agreements and postnuptial agreements:
- Buy-to-let or investment property: 61.9 per cent
- Pension of significant value: 60.71 per cent
- Business or shareholding: 60.24 per cent
- Significant savings or investments: 53.2 per cent
- Inheritance: 52.31 per cent
- Residential property: 44.33 per cent
These findings suggest that people are more likely to recognise the value of a nuptial agreement when there is a specific asset, income stream or family interest to protect. This might include property owned before the marriage, business interests, pension assets, inherited wealth or provision for children from a previous relationship.
A properly prepared agreement can help identify what should be treated as separate property, what may be treated as matrimonial property, and how both parties intend certain assets to be approached if the relationship later breaks down.
Do people understand whether prenups are legally binding?
One of the most important findings from the survey is that many people misunderstand the legal status of prenuptial agreements and postnuptial agreements.
The data shows that:
- 61.48 per cent of respondents who said they were confident that they understood prenups also believed they are legally binding.
- 67.81 per cent of respondents who said they would insist on having a prenup believed they are legally binding.
- 55 per cent of respondents who currently or previously had a prenup believed it was legally binding.
- 51.9 per cent of respondents who currently or previously had a postnup believed it was legally binding.
In England and Wales, prenuptial agreements are not automatically legally binding in the same way as a court order. However, the family court can give significant weight to such agreements when determining a financial settlement, provided the agreement has been properly prepared.
Why are postnups less understood?
JMW’s research suggests that postnuptial agreements remain much less understood than prenuptial agreements, even though they can play a similar role in helping couples clarify financial arrangements. The survey found that 38.5 per cent said they do not understand what a postnuptial agreement is, compared with 13.7 per cent who do not fully understand prenups.
A postnuptial agreement is similar to a prenuptial agreement, but it is entered into after a marriage or civil partnership has already taken place. It can set out how the couple intends assets, property, income, pensions, debts or business interests to be treated if the relationship later breaks down.
Postnuptial agreements can be particularly useful where circumstances have changed after marriage, such as:
- One partner receiving inheritance
- A business increasing significantly in value
- The couple buying property together
- One party taking on a different financial role within the family
- Children being born
- One or both parties wanting to protect children from a previous relationship
This knowledge gap is significant. Many couples do not realise that they can still put a formal agreement in place after marriage, which means they may be missing a valuable opportunity to clarify financial arrangements, safeguard important assets and reduce the risk of future dispute. If a prenup was not agreed before the wedding, it does not mean the opportunity for structured financial planning has been lost.
Who is most likely to want a prenup - and why?
The survey shows that attitudes towards nuptial agreements vary by income and financial position. Higher earners were more likely to view prenuptial agreements and postnuptial agreements positively, but support was not limited to those with higher incomes.
The findings show that:
- 51.5 per cent of respondents earning over £60,000 viewed nuptial agreements positively, compared with 37 per cent of those earning under £60,000.
- 46.97 per cent of respondents earning over £60,000 would consider or insist on a nuptial agreement, compared with 37.16 per cent of those earning under £60,000.
The survey also asked respondents who have or had nuptial agreements what influenced their decision. The most common influences were:
- Greater financial awareness: 37.64 per cent
- Seeing a nuptial agreement as an essential part of marriage: 35.96 per cent
- Ensuring fairness: 32.58 per cent
- Pressure from a partner: 26.97 per cent
- Pressure from parents: 25.28 per cent
- Social pressure: 23.6 per cent
- Reducing conflict in divorce: 21.91 per cent
- Protecting business assets: 21.35 per cent
- Lack of knowledge of the process: 15.73 per cent
These findings show that many people approach nuptial agreements as a practical financial planning tool. Greater financial awareness, fairness and reducing future conflict all point towards people seeing marital agreements as part of responsible decision-making.
The figures around influence are particularly interesting. In practice, it is common for conversations about prenuptial agreements to be started by wider family members, especially where there is inherited wealth, a family business or assets intended to pass to the next generation. It is also often one partner who raises the issue first.
That is not problematic in itself. Support from family members is often helpful, especially where inherited wealth or a family business is involved. However, there is an important distinction between influence and pressure. If one party is placed under undue pressure to enter into a nuptial agreement, that may affect the weight the court gives to the agreement, if it is later challenged.
Do nuptial agreements actually help?
The survey shows that, despite concerns around romance, fairness and power dynamics, many people believe prenuptial agreements and postnuptial agreements can play a constructive role when relationships break down.
Respondents said that
- 75.4 per cent believe nuptial agreements can help prevent legal disputes.
- 70 per cent believe nuptial agreements can make divorce easier.
At the same time, the survey shows why some couples hesitate:
- 44.9 per cent feel that asking for a prenup is unromantic.
- 45.4 per cent believe nuptial agreements create a power imbalance.
These findings reflect the tension at the heart of many conversations about prenups and postnups. Couples may recognise the practical value of an agreement but still feel uncertain about what it says about the relationship, how the conversation should be raised, or whether one party may be seen as having more leverage than the other.
A well-drafted and properly negotiated nuptial agreement should not create a power imbalance - instead, it will protect both parties. While it may preserve certain assets for the wealthier party, it should also make proper provision for the financially weaker party and ensure their financial needs are met if the marriage ends.
Handled properly, a nuptial agreement should be about clarity rather than advantage. It can help both parties understand each other’s financial circumstances, clarify what should happen to certain assets if the marriage ends, and reduce the scope for dispute if divorce proceedings later arise.
What Should Couples Consider Before Signing a Prenup or Postnup?
The survey findings show that many people recognise the value of nuptial agreements, but do not always understand the process behind them. However, the process is critical. A prenuptial agreement or postnuptial agreement is more likely to carry weight if both parties have had full financial disclosure and independent legal advice before signing.
If you are considering a nuptial agreement, it is important to think about the following points.
Start the conversation early
A prenup should not be raised for the first time shortly before the wedding. Both parties need time to consider what is being proposed, take advice and make decisions without pressure.
Starting the conversation early also makes it easier to approach the agreement as part of wider financial planning, rather than as a last-minute condition before marriage.
Be clear about the assets involved
A nuptial agreement should be based on a full understanding of both parties’ financial circumstances. This includes property, business interests, pensions, savings, investments, debts, inheritance and any other assets that may be relevant.
For some couples, the focus will be on protecting property owned before the marriage. For others, it may involve shares in a business, family wealth, future inheritance, or financial provision for children from a previous relationship.
Take independent legal advice
Both parties should take independent legal advice before signing. This helps ensure that each person understands the agreement, its implications and how it may be viewed by the court if the marriage or civil partnership later ends.
Independent advice also helps reduce the risk of one party later arguing that they did not understand what they were signing, or that the agreement was not freely entered into.
Provide full financial disclosure
Financial disclosure is a central part of the process. Each party should understand the other’s financial position before agreeing how assets, property, debts and income should be treated.
Without proper disclosure, the agreement may be more vulnerable to challenge. A person cannot make an informed decision about a nuptial agreement if they do not have a clear picture of the assets and financial resources involved.
Avoid undue pressure
An individual must not be placed under undue pressure when considering, negotiating or signing a nuptial agreement. The decision to sign must remain with the parties themselves. If one party is placed under undue pressure, this leaves the agreement open to challenge if it is disputed at a later date.
Review the agreement when circumstances change
A review clause can help ensure that the agreement remains appropriate as life changes. This may be particularly important after the birth of children, a significant change in income, the sale or growth of a business, receipt of inheritance, or the purchase of property.
Postnuptial agreements can also be useful where a couple did not enter into a prenup before marriage, or where their financial circumstances have changed since the original agreement was signed.
Learn more about prenuptial agreements by reading our guide to the basics of prenuptial agreements, or our explainer on why more couples have opted for nuptial agreements in recent years.
Are Prenuptial Agreements Legally Binding in England and Wales?
Prenuptial agreements are not automatically legally binding in England and Wales. The same applies to postnuptial agreements. This means that the family court is not required to follow the agreement in every case.
However, this does not mean that such agreements are ignored. A properly prepared nuptial agreement can carry significant weight when the court is deciding how assets should be divided on divorce.
The modern approach to prenuptial agreements was shaped by the Supreme Court case of Radmacher v Granatino in 2010. Since then, the court has been willing to give decisive weight to nuptial agreements where they have been entered into properly and where the outcome is fair.
In broad terms, the court is more likely to uphold or give weight to an agreement where:
- Both parties entered into it freely
- Both parties had a full appreciation of its implications
- There was full and clear financial disclosure
- Each party received independent legal advice
- The agreement was signed in good time before the marriage
- The terms of the agreement are fair in the circumstances prevailing at the time
- The agreement makes appropriate financial provision for both parties and any children
The court will always retain discretion. Its role is to reach a fair outcome, taking into account the full circumstances of the case. This is why a nuptial agreement should be carefully drafted and tailored to the couple’s specific position, rather than treated as a standard legal document.
For many couples, the benefit of a prenup or postnup is not that it removes the court’s role entirely. It is that it provides a clear framework for how the parties intended assets to be treated. This can reduce uncertainty, narrow the issues in dispute and support a more structured approach if the relationship breaks down.
Data Sources and Methodology
This report is based on a survey of 1,000 UK adults, carried out by Pollfish in May 2026.
The findings are based on respondents’ reported views, experiences and understanding of prenuptial agreements, postnuptial agreements and wider nuptial agreements. They should be understood as a snapshot of public opinion in the UK, rather than legal advice on any individual relationship, marriage, civil partnership or divorce.
Full details of the methodology and data sources are available upon request - please contact cleo.chaisty@i-com.net.
Last updated: June 2026
Talk to Us
If you are considering a prenuptial agreement or postnuptial agreement, taking advice early can help you understand your options and protect your position.
JMW’s family law team advises on nuptial agreements involving property, business interests, pensions, inheritance, family wealth, children from previous relationships and other complex financial circumstances. We provide clear, strategic advice on how an agreement should be approached, prepared and reviewed.
To speak to our family law team in confidence, call 0345 872 6666 or complete our online enquiry form to arrange a call at a time that suits you.
