A prenup undermines a marriage before it has even begun

A friend of mine, quite a distinguished lawyer, takes the view that marriage ceased to make sense after no-fault divorces came in. What, he says sternly, is the point of a contract when there’s no sanction if you break it? Well, quite.

But if no-fault divorce pretty well invalidates marriage after the event, prenups do quite a good job of undermining it beforehand. The point of marriage is that it’s meant to be a lifetime affair – the hint being in the ‘til death do us part’ bit – and the point of prenups is that they make provision for the thing ending before it even gets underway. You’re putting your assets out of the reach of the spouse before you’ve got round to endowing her with all your worldly goods, if the Anglican service is your bag.