Recent data from the Office for National Statistics (ONS) paints a clear picture: the way we form legal partnerships in England and Wales is changing. While the overall number of marriages and civil partnerships continues a long-term decline — dropping by 8.6% from 2022 to 2023 — this shift is less about couples abandoning commitment and more about delaying it.

At KWW Solicitors, our specialist Family Law department is observing a direct consequence of this trend: a significant and sustained increase in enquiries about pre-nuptial agreements, or pre-nups for short.

The ONS figures reveal that couples are choosing to tie the knot later in life, with the average age for first opposite-sex partnerships now 33 for women and just under 35 for men. The 30–34 age bracket now accounts for the highest number of new legal unions.

Why the delay? Georgia White, one of KWW’s family law solicitors, says the reasons are multifaceted: “The post-pandemic surge has settled; the pressures of the cost-of-living crisis have made the financial burden of a wedding prohibitive for some; and cohabitation is becoming the default first step.”

ONS data highlights that nearly two-thirds of the population either live with a legal partner or cohabit, with a million more people cohabiting now than a decade ago.

This trend of marrying later has profound implications for family law. When couples marry in their early to mid-30s, they are far more likely to have already built up significant personal wealth, successful careers, or inherited assets.

This is where the pre-nup comes in. For these financially established couples, a pre-nuptial agreement is no longer viewed as an unromantic sign of distrust, but rather as sensible, proactive financial planning.

AT KWW Solicitors, we are seeing greater interest from couples who want to:

• Protect pre-acquired wealth: Ensure that assets brought into the marriage —such as property, investments, or business interests —r emain ring-fenced in the event of a divorce
• Secure future earning potential: Protect their future income stream, which can be substantial for established professionals
• Safeguard family inheritance: Many clients are focused on inheritance tax planning and transferring wealth to the next generation. They require the certainty that a marriage breakdown will not disrupt these carefully laid plans.

While pre-nups are not yet strictly legally binding in England and Wales, the courts are highly likely to uphold them, provided they are properly drafted, entered into voluntarily, and both parties have received independent legal advice.

“The rise in pre-nup popularity is also a reaction to the lack of legal protection afforded to the rising number of cohabiting couples,” says Georgia. “As family professionals, we are acutely aware that when a cohabiting relationship breaks down, parties — mostly women — can be exposed to financial hardship, with children suffering harsher outcomes due to outdated law.”

The decision to marry, even later in life, is often a conscious choice to seek legal security. By adding a pre-nup, couples can elevate this protection further, providing clarity and certainty for their financial future, regardless of the challenges they may face.

If you are considering marriage and have assets you wish to protect, consulting with a specialist family lawyer to draft a pre-nuptial agreement is a vital step in safeguarding your financial independence.

IMPORTANT: This article is for general information only and should not be taken as formal legal advice.