As the minimum age when couples can marry is increased under the Marriage and Civil Partnership (Minimum Age) Act it is a helpful time to consider what every couple should consider before “tying the knot”. 

Many couples do not realise the huge power they hand over to the family Court by marrying, if their marriage ever comes to an end. Or that they can plan ahead for this by planning in the same way as they will plan the wedding party itself.

Celebrities and influencers, of course, approach each part of their lives in the public glare, including their wedding plans. The 'behind the scenes' of the celebrity wedding or the 'at home with the new couple' splash in the tabloid magazines is a normal wedding right of passage for those in the public eye. What has not been so common on this side of the Atlantic, has been mention of the legal agreements which those couples negotiate before the Big Day. The issue of the pre-nuptial agreements has now come out into the light more, as evidenced by the press coverage of the Gemma Atkinson plans for one.

In discussions between Gemma and Denise Van Outen, Denise revealed:
"People say it’s not very romantic, but I think you have to be a realist as well and I’ve had my fingers burnt before so now I’m very much open about it."

Protecting Your Future

So why should others think about a pre-nuptial agreement, when they do not live their lives in the public eye?

Thinking about how your financials will work during your marriage, and indeed how they will work should your marriage end, are an important part of a pragmatic and mature approach to how the marriage partnership will work. 

As The Independent reported as long ago as 2016 the most common reason for divorce is . . . money problems!

They listed the 9 most common reasons for divorce:

1. Money problems
2. Affairs
3. Interfering ex-partners
4. Differences in libido
5. Children from previous relationships
6. Intrusive parents
7. Differences in how you resolve conflict
8. Communication issues
9. Privacy

Plan and Avoid

Given that everyone enters a marriage hoping this is going to be for ever, the statistics are against many. As at 2021 the divorce rate remained at 42%, and most couples who divorce do so before they reach they reach their 20th wedding anniversary what can you do to avoid the key culprits of divorce.

Money is clearly a big stressor for many families. There might be little you can do about your interfering parents-in-law or plan for the hurt of your partner being unfaithful, but you can do a great deal to work on how you manage your finances and how you communicate about money. Starting that conversation early by discussing a pre-nuptial agreement should be seen as a real positive, not a negative.

Since the Supreme Court, the highest Court in England and Wales, considered the issue of pre-nuptial agreements in 2010 in the high profile case of Radmacher v Granatino, then a fair, properly negotiated and prepared pre-nuptial agreement should be upheld on Divorce. 

Wills, Insurance and Prenups

Many couples who do reach such agreements consider them to be an important insurance policy, akin to making a will, or taking out key man insurance for their business.

So, should you consider discussing a pre-nuptial agreement before your Big Day?

Here's a checklist to help you decide if you need a prenup. 

Does one or more of the following apply to you?

• You are bringing assets to the marriage which are not matched by your partner
• This is a second marriage and you wish to protect your assets or the financial interests of your children from a previous marriage
• You have a family business which you wish to protect
• You are likely to inherit and wish to protect this from a claim on Divorce

If you've answered YES to at least one of the above, it's worth using a pre-nuptial agreement calculator and having a conversation with a family lawyer about protecting your assets. 

Many couples do not appreciate how wide a power the Court has on a Divorce to interfere with their assets, and transfer them between spouses, or order them to pay maintenance to the other, even for the rest of their lives! Making a plan for what you want to happen and setting this out in a formal pre-nuptial agreement gives both spouses back autonomy and power over their own destiny should the relationship sadly come to an end. 

Ask a divorce lawyer about pre-nups

As a divorce lawyer who deals with divorcing couples every day of my working life, I can certainly recommend the modest amount of negotiation which a pre-nuptial agreement entails compared to the huge stress of sorting a financial settlement on divorce, where no agreement has been reached. As I have said, the pre-nuptial agreement is an “insurance”. If you do not need it then you have beaten the statistics, but if the worst happens it is there if you need it.

It is also important to know that if you do not have a pre-nuptial agreement, it is possible to negotiate a post-nuptial agreement. These are used, for example, where:

• You are already married and going to be gifted a significant sum/asset which you wish to “ring-fence” from a claim on your assets if the marriage fails
• You are receiving shares in a family business / farm and do not want this to be threatened if you divorce
• You have had some issues in your marriage and want to be clear what will happen financially if those difficulties continue and it comes to an end

Is a pre-nuptial agreement for you?

The answer is, it could easily be, even if you don’t plan to have your wedding in the glare of celebrity culture. These agreements are helpful insurance policies for many and by having one you can avoid a huge amount of stress, and loss of money, if the worst happens and your marriage does not endure happily ever after.

Contact our Leeds based Family and Divorce Solicitors today on 0113 320 5000 or @email to speak about what would be best for you.