For those about to tie the knot, wedding checklists will vary enormously – depending upon the venue and number of guests.
An increasing number of couples are adding pre-nups to their checklists – to protect themselves – and avoid the potential distress, acrimony, and expense of disentangling their finances later if their marriage breaks down.
The growing popularity of these contracts reflects how their open and transparent nature are regarded positively by couples who want to do ‘the right thing’ by each other – and by any children whose interests should always come first.
Pre-nups can work particularly well for couples marrying for the second time. Often those individuals will have their own wealth which they want to retain in the event of a separation as well as protecting the interests of children from previous relationships.
Increasingly courts are upholding pre-nups on divorce providing they meet the correct requirements. A court will need to be satisfied that the agreement was entered into freely, without undue pressure and with the benefit of full financial information and independent legal advice.
The contract should be signed in sufficient time before the wedding (usually at least 21 days)
The court does retain oversight over the settlement and will ensure that the agreement meets the needs of both of the couple. If it does not, then the court has the power to make a different financial order, although will take the terms of the agreement into account.
Sadly, we have seen repeatedly how arguments concerning money can cause enormous damage for separating couples and their wider families.
Seeking advice from experienced family lawyers like Jones Myers when entering into a very serious emotional, financial and legal commitment such as marriage can help to avoid that happening.