The UK version of the popular reality television show ‘Love is Blind’, a show where contestants fall in love and get engaged without seeing each other face-to-face, has now concluded generating many headlines.
After getting engaged, one couple, Freddie and Catherine, reached a stumbling block when Catherine revealed to her friends that her fiancé, funeral director, Freddie, wanted a prenup in place prior to the wedding. Catherine and her friends seemed offended by the idea and it has divided opinions among fans of the show. Is a prenup a ‘red flag’ or a sensible step?
A pre-nuptial agreement is entered into by a couple prior to marriage to regulate their financial affairs in the event that their relationship ends. It is primarily used to safeguard the assets, including businesses, each brings into the marriage, as well as inheritances and gifts received during the marriage. The agreement will also set out how assets will be divided if the couple divorce.
Whilst prenups are not strictly legally binding under English law, if they are professionally drafted with both parties freely entering into it without any pressure, with the benefit of independent legal advice and honest disclosure of your financial circumstances, then there is a very good chance that they will be upheld in court.
Some find that the concept of a prenup setting out what will happen to your finances should your relationship fail unromantic, at a time when you are in love and planning your wedding. However, as more people marry later in life bringing in assets to the marriage or entering second marriages, perhaps with dependants they wish to safeguard, prenups are increasingly common. They should not be seen as taboo, but rather a pragmatic step that should be discussed ideally well in advance of wedding planning.
So, when Freddie suggested such a step to protect his business in the event of the marriage failing, was that really a ‘red flag’?
A pre-nuptial agreement should be in place at least 28 days before the marriage. If you are considering a pre-nuptial agreement or want to discuss your options, then please do not hesitate to contact our family law team - Melissa Gire on email: meg@cooperburnett.com or Gemma Gillespie on email: gjg@cooperburnett.com or tel: 01892 515022
This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.
