Thursday, 24 May 2012

To pre-nup or not to pre-nup

There has been speculation in the press this week as to whether the now fabulously wealthy  Facebook founder Mark Zuckerberg  and his new bride have entered into a pre-nuptial agreement before their marriage.  His press spokesman declined to comment.
In America this type of agreement, which sets out the terms of the financial settlement that will apply if the couple later divorce, is commonplace and is binding.
The position here is, for better or worse, rather different. A pre-nuptial agreement is not binding. The Courts still have the last word on money matters and in deciding what is fair following the end of a marriage or civil partnership . But things are changing as the Court will now accept that such agreements are strong evidence of what a couple intended should happen if they split up and they are likely to be upheld unless these is a good reason no to do so.
More couples who are already wealthy in their own right before marrying, perhaps for the second time, want to know where they will stand and how they can avoid arguments if they break up. It makes  sense for them to consult a specialist Family Lawyer for advice in good time before the wedding and it doesn't mean that romance is dead!
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