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Advice

Prenups - should they be made mandatory?

Wendy Campbell Wendy Campbell
2 min read
This blog is more than 11 years old

With 42% of marriages now ending in divorce, smart people know it makes sense to include pre-nuptial agreements in their wedding plans.

A smart person understands that prenups are an insurance policy designed to give them protection in the event that things do not work out as intended.

A smart person knows that a prenup has the following benefits:

  1. Security of peace of mind both for you and any children. This is particularly important if you are marrying for the second or third time and have children from a previous marriage orrelationship.
  2. Prenups can protect your assets. This can include savings, shares, property and future inheritances as well as pensions. In addition, prenups are now being used to make provision for pets. I have come across some clients who are even more devastated about the prospect of losing their favourite pet than their marriage ending.
  3. They can support your estate plan.
  4. They can reduce conflict and save you the cost of expensive financial proceedings.

In view of all of these benefits, a smart person sees a prenup as a “no brainer” and an essential item to be included in his/her wedding plans together with the wedding cake, wedding clothes, flowers and photographer.

Although prenups are not yet binding in law, over the last 5 years the Higher Courts in England and Wales have increasingly taken into account the provisions of prenuptial agreements in financial proceedings associated with marital breakdown.

However, not everybody acts with a cool head when they get married and there is an argument that not only should prenups be made legally binding but also mandatory. It is said that if they become mandatory it would take away the emotional aspect and simply protect both parties. There would be less money, time and misery expended on a divorce if prenups were mandatory and it could furthermore reduce the number of “gold diggers".

Call our Family and Divorce Solicitors on 0113 320 5000, who will discuss your options on a no obligation basis. If you would prefer to email, family@winstonsolicitors.co.uk.

Try out our prenuptial agreements calculator to see what you might save!

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Geoff
Harriet Reid dealt with my divorce aided by her excellent assistant Judith Pearson. Both Harriet and Judith were incredibly quick to respond to any questions or concerns I had during the process. I found Harriet to be ideal for me to talk to as she was direct enough to be able to explain what was happening in "plain English" rather than "legal jargon" and to point out the actions I should and shouldn't take. The process is extremely emotive and a calm understanding advisor is essential.
Richard
I chose Winston Solicitors following a strong recommendation from a close friend, and I have been extremely impressed with the service I received throughout both my divorce proceedings and house sale.A special thank you goes to Teresa and Emily in the Family Law team, who were outstanding from start to finish. Teresa consistently kept me informed about costs and the next steps in the process, which I found incredibly reassuring during what was a very challenging time. Her knowledge, expertise, and professionalism were exceptional, and I am extremely grateful to have had her representing me throughout. Emily’s communication was excellent; she was always prompt, professional, and supportive. Together, they provided guidance and reassurance that made a difficult situation far more manageable.I would also like to thank Laura and Amanda in the Conveyancing Department for their excellent work on my house sale. Their professionalism, efficiency, and attention to detail ensured that everything progressed smoothly from beginning to end.I am genuinely grateful for the support I received from everyone involved and would highly recommend Winston Solicitors to anyone seeking expert legal advice and representation. Their dedication, communication, and client care were outstanding throughout.
Jason
During such a difficult and stressful time I found Winston Solicitors excellent. I worked with Wendy throughout my divorce she was incredible, supportive, hard working and extremely knowledgeable. No question was too silly , no problem was too great for her. I trusted her advice 100% and was more than happy to take her lead. She held my hand every step of the way and for that I will be forever grateful. I have already recommended her to others and will continue to do so. I wouldn't hesitate to use Winston Solicitors in the future
Louise
I am extremely grateful for the support and guidance I received throughout my financial consent order process.Wendy was direct, practical, and very human in her approach. She handled my matter personally, which made a huge difference. I did not feel like I was being passed between assistants or treated like just another case. I felt properly listened to and supported.This was an extremely stressful process for me, but I trusted Wendy completely. Her advice was clear and realistic, and she helped me understand what mattered and how best to move forward.The wording she used in my consent order was particularly strong. She understood my situation accurately and phrased it in a way that clearly explained the reality of the marriage and the financial arrangements. I believe this careful and intelligent wording helped the court understand the case properly and approve the order.I recommend Wendy very highly. She made a very stressful process feel less overwhelming and helped me achieve the outcome I needed.
Anna.
Very professional put me at ease straightaway very helpful I would definitely use Winston’s again and would recommend them to family and friends
Shirley
Harriet Reid went above and beyond throughout the whole process. Her patience, professionalism and impeccable handing of the matter made a stessful situation much easier to bear. Her advice was spot on at all points and the proactive approach was much appreciated. I would not hesitate to recommend Harriet and her team and cannot thank them enough for their support and guidance from start to finnish.
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