Menopause is an unavoidable life stage for women, but in the world of family law, it’s often overlooked. Solicitor Farhana Shahzady recently sparked debate in The Times by proposing something called ‘meno-nups’ - agreements designed to ensure fairer divorce settlements for women affected by menopause.
Why menopause matters in divorce settlements
Divorce rates are rising among those aged 45 and above, yet family law is often ‘menopause blind.’ Data from the Fawcett Society shows that 10% of women leave work altogether due to menopause symptoms, with many more reducing their hours or stepping back from demanding roles. This can significantly impact their earning potential and pension provision, leaving them financially vulnerable after divorce.
Shahzady’s proposed ‘meno-nups’ would be prenuptial or postnuptial agreements that include clauses to address reduced earning capacity and outline medical evidence requirements. These agreements could help ensure that the long-term financial effects of menopause are factored into divorce settlements.
The debate around meno-nups
Not everyone is convinced. Family lawyer Peter Burgess notes that such agreements may favour one party, while Catherine Hancock suggests that better understanding of menopause could help courts when deciding maintenance terms.
What’s clear is that disputes over financial arrangements in later-life divorces are increasing - and significant recent cases are shaping the legal landscape.
Coles Miller’s perspective
At Coles Miller, our specialist family lawyers understand that every divorce is different; and that personal circumstances like menopause can have a profound impact on financial outcomes.
Our expertise includes:
- Drafting robust prenuptial and postnuptial agreements
- Advising on complex financial settlements involving pensions, investments, and property portfolios
- Negotiating spousal maintenance that reflects health and career changes
- Representing clients in contested court proceedings when fair settlement cannot be agreed
We recognise the importance of early, tailored advice to protect your financial position -whether you are considering a meno-nup, going through separation, or revisiting a previous settlement.
What do you typically include in a meno-nup?
If you’re thinking about creating a “meno-nup,” here are some clauses to consider:
- Earning capacity adjustments
- Acknowledge that menopause symptoms may affect career progression, working hours, or ability to work.
- Make provision for maintenance or asset division that reflects reduced earning potential.
Medical evidence
Agree what medical documentation may be required to confirm menopause-related health impacts.
Review periods
Set review dates to revisit financial arrangements if symptoms persist, worsen, or improve.
Pension and retirement considerations
Protect pension rights where career interruptions have reduced contributions.
Healthcare costs
Provide for private medical treatment or specialist support where appropriate.
Spousal maintenance triggers
Set clear conditions for starting, stopping, or changing maintenance payments based on health and employment status.
Important point to consider: Courts will only uphold agreements if they are fair, freely entered into, and meet all legal requirements. Always seek professional legal advice before signing.
How we can help
Whether you’re approaching marriage, already married, or considering divorce, Coles Miller’s family law team can help you protect your interests.
*https://www.fawcettsociety.org.uk/menopauseandtheworkplace
