Leading law firm say pre-nuptial agreements needs image change
The region’s leading law firm has called on those getting married to “think again” before dismissing the idea of a pre-nuptial agreement.
Kathryn Hicklin, head of family law at QualitySolicitors Mander Cruickshank said that couples should see pre-nuptial agreements, in other words pre—marriage contracts as an insurance policy if the marriage fails.
“We don’t see health insurance as a morbid sign that life is to end soon so why should we feel differently about pre-nuptial agreements,” she said.
“It is a sensible step to protect assets in case a marriage goes wrong, and we ask those who have ruled out making this kind of agreement to think again,” added Ms Hicklin, whose firm have offices in both Coalville and Hinckley.
“They aren’t romantic, but it is worth looking at closer,” she said.
Ms Hicklin said the average length of a modern marriage in the UK is according to most statistics around 13 years. Also, statistics show that divorce occurs in around 40 or 50 per cent of cases in the UK.
“These statistics show why pre-nuptial agreements are becoming so popular in recent times,” she said.
She added that in English law after marriage all of a couple’s assets become joint assets, whilst a prenuptial agreement has the aim of trying to limit any claims on those assets by the other party should the marriage not last a life time.
Recently the Law Commission drafted a bill recommending that pre-nuptial agreements be enshrined in law. So currently, whilst not legally enforceable, a prenuptial agreement properly drawn up by a knowledgeable family solicitor is seen by lawyers as persuasive evidence over how a couple agreed to divide their assets before marriage.
“Unquestionably, a prenuptial agreement has a large impact in the result of a divorce case, and it is appears likely they will soon be enshrined in law,” added Ms Hicklin.
“Having worked with many people who have decided to start a new life we believe pre-nups are vital and particularly so for those who remarry later in life, having accumulated assets,” she added.
“We know pre-nuptial agreements is a difficult subject to broach, but remember the aim of it is just like health insurance. Hopefully you will never call on it. However, it can offer peace of mind if things do go to plan.
If you want to learn more about pre-nuptial agreements or any other matter surrounding family law issues contact QualitySolicitors Mander Cruickshank on 01530 510666.