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Nuptial Agreements – The death of romance or modern day armour?

That is the question…

Or at least it should be for anyone about to, or already having walked down the aisle with the love of their life. It is just a shame that not everyone gives it any thought at all.

I appreciate that it is not the most romantic of topics to discuss with your loved one, but neither does it have to be the most difficult.

Whilst the institution of marriage is as valid today as it has ever been, the circumstances nowadays in which people are marrying is very different.  Not so very long ago it was incredibly rare for the happy couple in question to have lived together before the wedding, whereas today this is common place.

Again, until fairly recently, it was also typical to enter a traditional marriage where the husband was the breadwinner and the wife was the homemaker. Nowadays, it is more likely that both spouses will work, and there may be no plans for children.

Given these changes, it is now much more important for a couple to consider a Nuptial Agreement, to reflect their modern day lives.

A Pre-Nuptial Agreement, which takes place prior to the wedding, and a Post-Nuptial Agreement, which takes place after the wedding.  These agreements offer an opportunity for the couple to protect the assets and income that they bring to the marriage, and to amicably consider in advance how they would wish to divide assets and income accrued during the marriage, in the event that they ultimately decide to part ways.

In advance is absolutely the best time to consider these issues, which in reality could be the key difference to you leaving a marriage in comfort or in poverty. There is no hostility against each other, which is often the case when the couple have already separated. This makes the process that much more productive, and in general terms, much fairer to both parties.

Whilst an appropriate level of sensitivity should be used, Nuptial Agreements are nothing to be scared of. Indeed with expert legal advice and representation, they could actually be a welcome wedding guest who will continue to offer you support and guidance through many happy anniversaries.  

Vicki Rawlins is our Head of Family and our Nuptial Agreement expert.  If you would like further information or advice on Nuptial Agreements and our services regarding these, please contact Vicki on 023 8042 5024 or