Khloé Kardashian and Lamar Odom, Ashton Kutcher and Demi Moore, Tom Cruise and Katie Holmes – these are just some of Hollywood's most famous former couples who signed a pre-nup before marrying. While having such a contract may seem the norm in showbiz, with stars wanting to protect their multi-million empires, over the past year lawyers have seen more and more non-celebrities wanting a pre-nuptial agreement. The latest figures show that 42 per cent of marriages end in divorce, so it's no surprise that couples are now planning for a potential split just in case.
Katie Holmes and Tom Cruise were married for six years before divorcing in 2012
The majority of those requesting a pre-nup are people embarking on a second or third marriage (and in the 65 to 69 age group), who have more assets to safeguard or children from previous relationships to take care of, said divorce and family solicitors Irwin Mitchell. "With children and homes already, a couple getting married later in life may want to protect their families' inheritance as they realise that there is a chance that the marriage might not work out," said lawyer Sarah Balfour. The stigma of getting a pre-nup is also being eroded as more celebrities arrange to have one, said the firm. While it may seem unromantic, it avoids lengthy court battles and large legal bills in the future and can therefore be seen as positive step in a relationship.
Ashton Kutcher and Demi Moore's divorce came two years after they announced their separation
Another myth that Irwin Mitchell were keen to bust is that pre-nups are just for the wealthy. A young couple tying the knot, such as first-time house buyers, may also want to protect their assets. "It is a common myth that pre-nups are there for one person to try to ensure that their partner gets nothing after a divorce, but this is not the situation," said Sarah. "For a pre-nup to be considered by the courts, it cannot provide for an unfair outcome, and both parties need to be involved in and understand the process." In February of this year, the Law Commission set out plans to make pre-marital agreements legally binding in the vast majority of cases. Their conditions were that both partners had legal advice, both disclosed all relevant information about their finances and the pre-nup was made at least 28 days before the wedding or civil partnership.