A family law attorney says that nine out of 10 local requests for prenuptial agreements come from men. “I find that even when the woman is the higher income earner or, at the very least equal to her spouse, they rarely suggest a pre-nuptial agreement,” said attorney-at-law Sarah-Elizabeth Dixon. A prenuptial agreement, commonly referred to as a prenup, is a legal contract entered into before marriage that outlines how a couple’s assets, debts and other financial matters will be handled if the relationship ends through separation or divorce. Dixon offered a theory as to why men are more likely to make the request. “I will say that I find that women tend to get caught up with the excitement of being married rather than the reality of it that a marriage is a financial bond with legal consequences if things go awry. From what I’ve witnessed, men are not so emotionally driven or invested that they forget self preservation. This is not to say that women are generally more emotional, I just think they’re more selfless,” the family law practitioner reasoned. Dixon said requests for prenuptial agreements have become increasingly common, noting that she now receives at least one enquiry or request for the service every month.  “The concept of a prenuptial agreement isn’t limited to married couples. You can absolutely do the same thing as common-law spouses, but instead are referred to as a pre-cohabitation agreement,” she explained. While there are no official figures showing how many prenuptial agreements have been signed in Jamaica, Dixon said the demand for the legal service has grown steadily over the years compared with when she first entered the profession. “This is still a service predominantly requested by males from middle to upper socioeconomic classes, often business owners and rarely those on their second marriage,” she said. In the US, research company The Harris Poll noted that only about eight per cent of couples had prenuptial agreements in the 1990s, but that number reportedly increased by roughly 400 per cent between 2010 and 2023. However, in the United Kingdom, research by Co-op Legal Services found that an estimated 18 million married adults do not have a prenuptial agreement. Half said it was because they trusted their spouse, while more than a quarter said they did not believe they would ever get divorced. Dixon opined that conversations about a prenuptial agreement should begin long before wedding plans are under way so both parties can be on the same page. “It is pointless to engage in discussions after the engagement if the other spouse is vehemently opposed to it,” she said. Like some in the United Kingdom, Dixon said that many Jamaicans still believe that prenups are setting up marriages to fail, which she considers “silly”.  “I always say, when you buy a car, you also pay for insurance right? You don’t expect or intend to crash and even pray it never happens. But if you ever end up in an accident, you will be glad you have it. A prenuptial agreement is the exact same,” she said. Dixon said her experience has been that couples who have prenuptial agreements rarely end up in lengthy court battles. “More often than not, the parties simply renegotiate the terms and settle the matter without litigation,” she said.  For Dixon, the biggest mistake couples can make is believing they have nothing worth protecting simply because they are not wealthy.  “You never know, maybe tomorrow you’ll win the Lotto. The prenup covers present and future assets and how each party wishes to divide them upon separation. For the spouse who’s significantly more wealthy than their spouse ... be fair to your partner. If the terms are too unreasonable, the prenuptial agreement will be worthless in the eyes of a court. For the spouse that is less financially well off, ensure you seek independent legal advice before you sign.”