The issue of how a couple’s assets are divided when they part ways is increasingly hot topic and solicitors are expecting an explosion in the use of pre-nuptial agreements in England and Wales, a new survey has found.

Two-thirds of the solicitors surveyed for Unbiased.co.uk, the professional advice website, predicted an increase in pre-nuptial agreements over the next five years, suggesting that the UK is about to undergo a sea change in attitudes towards what is a already common practice in Europe. Although pre-nuptial agreements are not currently legally binding, recent high profile cases indicate UK courts are giving increasing weight to these contracts in divorce settlements.

In light of the huge losses sustained by investors last year, high net worth individuals are understandably keen to protect their assets, and are increasingly seeking the reassurance that a pre-nup can give. This was borne out by the survey which found that in the past year 20 per cent of the solicitors surveyed have been approached to challenge or support a pre-nuptial agreement.

When asked to predict how the use of pre-nuptial agreements will progress over the next five years, one in ten solicitors believe there will be a significant increase in clients seeking pre-nups. Only 2 per cent think there will be a decrease.

In other findings, 82 per cent of respondents said that a pre-nuptial agreement can be an effective way of protecting assets in a divorce proceeding. However, 52 per cent of solicitors said that a pre-nup will only protect assets in certain circumstances while 30 per cent said they will protect assets in a variety of circumstances, indicating uncertainty over the extent to which these contracts will be upheld.

“With current divorce rates and highly publicised divorce cases making front page news it is not surprising that more people are looking to protect their assets ahead of getting married. While prenuptial agreements are not currently legally binding it is looking increasingly likely that they could be in five years time so some may feel it worth getting these agreements in place now just in case,” said Karen Barrett, chief executive of Unbiased.co.uk.  

Pre-nups have been in the spotlight this week following comments made by Baroness Deech, chair of the UK Bar Standards Board, who said she will hold up the European system - where pre- and post-nuptial agreements are common - as “an immediate and attractive model for reform in this country”.

Because courts have made huge awards to the wives of much wealthier husbands, London has been dubbed “divorce capital of the world”.