Clients often say that these are not exactly romantic as they indicate failure at the outset. There is nothing wrong with the idea of romance and the belief that love will last forever but what if it doesn’t!
Pre-Nuptial agreements are utilised to provide protection to parties who have previously been divorced and have lost large sums due to a lack of protection; one party bringing a much large asset to the marriage, young children from a previous marriage and provision for them, farming businesses often dictate through trusts and need protection .
These may not be romantic but in today’s society they are necessary.
Courts will not currently be bound by pre-nuptial agreements, however, this is only a matter of time. The Courts will, however, take account of pre nuptial agreements as they are extremely persuasive to the Court that the parties had intentions of the outcome if the relationship failed.
A Pre-Nuptial Agreement simply records what will happen if a marriage or civil partnership does not work out.
If you wish to discuss options please call Fiona Matthew to arrange an appointment.