Will Taylor Swift sign a prenup?

As Taylor Swift fans continue to bask in the glow of the singer-songwriter’s engagement to American Football star Travis Kelce, the happy news shines a welcome spotlight on an important topic within the world of family law: pre-nuptial agreements.

Swift has reportedly amassed a net fortune of $1.6bn, Kelce $90m. I and many others would be surprised if the couple didn’t sign a pre-nuptial agreement.

Pre-nuptial agreements aren’t automatically enforceable in England and Wales but feedback that the Law Commission received for its 2024 scoping review of financial remedies shows they are becoming increasingly prevalent.

According to the commission’s report, couples with pre-acquired or inherited wealth make up the majority of those entering pre-nuptial agreements. However, it is also being increasingly used among couples where one or both are remarrying, farming families and young professionals in their 30s who have built up some savings.

Has the time come to put pre-nuptial agreements on the statute book? The Law Commission says the government first needs to decide if it wants to pursue financial remedies reform and if it does, pick one of the four models the commission came up with.

If the government wants to reform the law, the commission’s 2014 recommendations on qualifying nuptial agreements (QNA) will need to be reconsidered in light of any new legislation. If the government decides to make only minor changes, such as codifying existing case law, the commission’s QNA recommendations could be implemented now (though the concept of ‘needs’ as expressed in the commission’s recommendations would need to be further defined).

In short, we're more likely to see Swift's 13th album before we see significant movement on pre-nuptial agreements in England and Wales. Swift releases her 12th album, The Life of a Showgirl, in October.