Will you Marry Me?

My honest response as a Family Lawyer?  “Only if we sign a Pre-Nuptial Agreement.”

I am not a celebrity. I am not a millionaire. I do not drive a luxury sports car. I am just your regular 27 year old, who also happens to be a Family Law Solicitor. And, despite my modest assets, I will absolutely be seeking a Pre-Nuptial Agreement when the time arrives.

‘Why?’

Marriage, to me, is something different to most lay people as a result of my experience in Family Law. Marriage is not just the ring, the dress, and the venue. Marriage is a legally binding contract, the full terms of which I worry some don’t fully understand until it is too late.

‘What’s mine is yours’ isn’t just a lovely sentiment but the starting point of the division of assets in the event of later separation and divorce. What you bring into the marriage, and acquire during the marriage, has a real possibility of being shared between you both, were you to separate.

An inheritance from a loved one? At risk. Your business? At risk. A lottery win? At risk. It doesn’t matter if your partner has an affair, or the separation is ‘all their fault’. The starting position remains an equal division.

Some think signing a pre-nuptial agreement is ‘unromantic’. I argue the opposite. To agree to marry without the conjoining of all finances prioritises what I believe everyone really does marry for – Love.

A pre-nuptial agreement specifies what will happen to assets in the event of later divorce. While not legally binding in England and Wales, there is a strong possibility the Court will adhere to the terms if certain criteria are satisfied.

My Pre-Nuptial Agreement will be my insurance policy. Hopefully never needed, but there for that worst case scenario. Ultimately, it protects my hard work and the financial decisions I make.

Now I ask you this: If a Family Lawyer would have a Pre-Nuptial Agreement, why aren’t you considering one? For more information, contact our Family Law team.