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The sun’s coming out, the days are getting longer, and love is in the air: wedding season is upon us.
With the promise of warmer weather and the chance for a picturesque outdoor reception, it’s no wonder that the summer months are the most popular for weddings in the UK.
When you’re in love and preparing for your upcoming nuptials, the last thing you want to think about is what might happen if things don’t go as planned.
However, life changes, and so do relationships.
We know from working with many clients that the financial consequences of separation or divorce can be not only stressful, but hugely expensive.
If you and your partner cannot agree how to divide your money and property, then ultimately a Judge will decide for you – and the outcomes may not be as “fair and reasonable” as you would like. Whilst it may be possible to resolve a dispute away from Court via mediation or solicitors, the process would still be costly and time consuming.
With the whole court experience carrying a substantial risk, wouldn’t it make sense to have a pre-nuptial agreement – or a “pre-nup” – that outlines what should happen if you and your partner split up?
A pre-nup is an agreement between two partners that is designed to set out financial arrangements and protect each partner’s separate assets in the event of a permanent separation.
Pre-nups are put in place before a marriage is formalised and can cover the division of savings, pensions, household contents and presents, whether belonging to you before the relationship or acquired since.
Although pre-nups are not currently legally binding in the UK, they were given legal weight in certain circumstances by the Supreme Court ruling in the case of Radmacher v Granatino in October 2010.
This means that courts are increasingly accepting pre-nups as proof of a couple’s intentions should they wish to divorce.
For some couples, a pre-nup is unthinkable.
Others are not completely opposed but may still be hesitant, expressing concerns over the potential negative impact on the relationship.
However, in our experience, pre-nups are a pragmatic piece of forward planning that help to reduce conflict and mitigate the stresses of divorce.
We encourage all our clients considering a pre-nup to ask themselves the following questions:
We have a wealth of experience in advising engaged couples just like you and can provide independent, objective advice to help you make an informed decision.
If you have children from a previous marriage or relationship, you may wish to ensure that any money or property you have is preserved for them, rather than going to your new spouse.
A pre-nup can help to protect your children’s inheritance.
At a time of high property prices, we see many parents either making financial contributions to a first home for their children or buying a larger property jointly with their spouse and child to share.
If you view money as an investment or wish to recover it if your marriage breaks down, we strongly advise you to record this in a legally binding document.
We’ve found that this can help prevent potentially costly disputes as to whether the money was intended as a gift.
If the money was provided as a gift to the child, it is likely to form part of the marital pot of assets available for division in a subsequent divorce or dissolution.
In these circumstances, a pre-nup can help to protect your children’s interests.
When considering a pre nup, it is important that both parties seek independent legal advice.
This ensures both of you are protected against any future claim that you were pressurised into entering such an agreement.
You’ll need to allow plenty of time (at least 28 days before the wedding) to prepare your pre-nup and be willing to disclose fully all assets and financial circumstances.
It is important to include review clauses that detail what will happen on the birth of a child or in case of an inheritance.
For example, we’ve advised clients who have children from an existing relationship and/or plan to have children with their new spouse to address how they will manage parental responsibilities and financial support in the event of a separation.
We encourage all our clients to include arrangements for who a child will live with, how they will spend time with each parent, and child support – ensuring that the children’s best interests are always put first.
When you’re preparing for your wedding day, it is natural to imagine a bright future, filled with shared moments and a life built together.
However, it is sensible to think about what will happen should the relationship break down.
Our clients often feel hesitant to discuss pre-nups, finding them awkward and unromantic – but we know from experience that pre-nups can be a useful precaution that provides essential security should the relationship break down.
By discussing these matters openly and honestly, you are not only protecting yourselves but also building a foundation of trust and understanding that can strengthen your relationship.
At Mander Hadley Solicitors, our expert family lawyers can work with you and your partner to prepare a pre-nup that protects both your assets and your loved ones.
With peace of mind knowing that you’re prepared for the future, you’ll be able to enjoy your wedding day stress-free.
For further information on pre-nups, contact our family law specialists today.
Director – Head of Family Department
I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.
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