Maria Scotland features in Digital Journal on the Rise of Prenuptial Agreements Among LGBTQ+ Couples
In a country where love knows no boundaries, Wenup, a new online provider of living together and marriage contracts for customers in England and Wales (prenuptial, postnuptial and cohabitation agreements), is making waves by breaking down traditional barriers and championing transparency within relationships.
Recently, the company analysed data from its first 120 customers, revealing a remarkable trend: same-sex couples are over indexing when it comes to seeking these financial agreements. But what does this data tell us, and why are same-sex couples embracing financial agreements with open arms?
The Surprising Statistics
According to the Office for National Statistics (ONS), same-sex marriages accounted for just 3% of all marriages in the UK in 2019, totaling 6.7k out of 219.8k marriages. However, Wenup's data paints a different picture. Of its first 120 customers, a significant 15% were same-sex couples. This implies that same-sex couples are up to five times more likely to opt for a nuptial agreement compared to their heterosexual counterparts. This striking revelation sparks curiosity about why this trend is emerging within the LGBTQ+ community.
A Perspective from Mohsin Zaidi, Co-founder of Wenup
To delve into the reasons behind this trend, we reached out to Mohsin Zaidi, co-founder of Wenup and author of A Dutiful Boy, a best-selling memoir that explores his experience growing up queer in a devout Muslim family. He sheds light on the mindset within the LGBTQ+ community regarding nuptial agreements:
"People from LGBT+ backgrounds often view nuptial agreements as an important and transparent way to approach their relationships. Many of us have navigated complex conversations about identity and acceptance, which has made us more comfortable having honest conversations with our partners. We don't readily adhere to conventional views of marriage, and we understand that a prenup can provide clarity and understanding to both parties. It's about creating an honest, transparent, and mutually agreed-upon foundation for our future."
Mohsin's insight underscores the belief that openness and clarity are key to building strong and enduring relationships.
Maria Scotland, 5SAH Chambers and Wenup's Lead Barrister, Weighs In:
Maria Scotland, Wenup's lead barrister, has observed interesting differences between same-sex couples and their heterosexual counterparts when it comes to approaching prenuptial and postnuptial agreements:
"Our customers are fair-minded and collaborative. Not only are these elements intrinsic to the way our process has been designed, but having an agreement that is fair to both sides is important to ensuring a nuptial agreement is legally enforceable in future.
We're seeing high levels of collaboration, co-operation and fair mindedness from our same-sex customers. They understand that a nuptial agreement (pre and post marriage) is not a sign of mistrust; rather, it's a tool for ensuring both partners are on the same page. These couples often prioritise open communication and are more willing to work together to create a mutually beneficial agreement. It's truly refreshing to see this level of understanding and cooperation."
Maria's perspective highlights the shift in attitude towards nuptial agreements, positioning them as tools for cooperation and mutual understanding.
Conclusion: Redefining Relationship Agreements
Wenup's data and insights from Mohsin Zaidi and Maria Scotland show that same-sex couples are embracing nuptial agreements as a means to redefine and strengthen their relationships. The LGBTQ+ community's willingness to engage in open and honest conversations with their partners demonstrates a progressive approach to love and commitment. As Wenup continues to break down barriers and foster transparency in relationships, it is clear that nuptial agreements are evolving beyond their traditional role and becoming a symbol of mutual respect and understanding for all couples, regardless of their sexual orientation.
Maria Scotland practices exclusively in family law with a specialism in high-end/ big money financial remedy applications and (private law) children work. She accepts instructions to act through a solicitor or directly from members of the public on a Direct Access basis.
Maria is recognised in Spears' 500 2023 Guide: as a Top Recommended Family Law Barrister within the exclusive guide. She is ranked in the Legal 500 in family law (including divorce & financial remedy). She is one of the leading family law juniors and is the joint head of the Family Team at 5SAH. Maria is a qualified arbitrator in financial matters.
Maria Scotland features in Digital Journal, published on 19 September 2023.