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Is there a rise in prenups?

Is there a rise in prenups? | Family Law Legal Advice

There are no real statistics in the UK relating to numbers of prenups, but they are on the rise.

Over the pond, in the US, the New York Times reports that prenups are on the rise among Millennials. And we know we often follow US trends.

And, more family law solicitors in the UK are seeing engaged couples before they wed.

So what is a prenup?

A prenup is a prenuptial agreement.

It is a formal agreement between couples before they get married. In the agreement it sets out the ownership of money, assets and property, explaining how it will be divided in the event of divorce.

Why are prenups on the rise?

One explanation is that the Millennial is getting married later in life.

When you get married earlier, both of you often go into the marriage with nothing, or an equal amount. For example, if you buy a home before marriage you both put in equal amounts.

But, for those marrying later in life (even in 30s), you have built a career and may have bought assets such as cars, investments, property etc. Your partner may have too.

People want to protect what is theirs. That is natural.

Unromantic or realistic?

No one wants to think that their marriage will end in divorce.

However, for those who are marrying later in life, or even remarrying, it is very practical.

Entering a marriage having accrued significant assets means that you need to protect what you bring to the table. As does your spouse to be.

Plus, you may wish to distinguish between assets before marriage to those you purchase during your marriage.

If your marriage does break down, then it will be a fairer way to split assets in the divorce.

Hopefully, you will never need it. But, if you do, you already have a basis from which to work on reaching a financial settlement.

Samantha Lee, head of Family Law at Swain & Co Solicitors says,

“Too often a client comes to me facing divorce and worried about assets they say they brought into the marriage. But, they did not have a prenuptial agreement because they thought it was forever.”

“This isn’t about saying you don’t think the marriage will last. It protects things that you have worked hard for and have prior to getting married, things that you accrued on your own. This is a heart and head situation and I totally understand people thinking it’s unromantic. Perhaps it is. But it is practical.”

Samantha would be happy to chat to anyone, free of charge, to discuss how a prenuptial agreement may help protect your financial assets. There is no obligation, but you will have more information to make a decision going forward.

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