Pre-nuptials: reasons to be careful

Winskell welcomes proposals to make pre-nuptial agreements legally binding in Britain: ‘I think it’s a good thing that we are moving forward. Recently, one or two judges have been paying attention to pre-nuptial agreements although they still must take all circumstances into account.’

‘The proposals to introduce pre-nuptial agreements include certain conditions. Both partners will have to seek independent legal advice and there is a cooling-off period to make sure both parties are happy with the conditions. However, I think there has to be a let-out clause for these agreements should the circumstances change drastically, such as the birth of a child.’

The image of a pre-nuptial agreement as a rich man’s protection from a gold-digging young wife is also changing. ‘I think it’s a good thing for both men and women,’ says Winskell. ‘More and more women are working nowadays and are often in an equal or even better financial position than their male partners.’

As frightening and as unromantic as it may seem, a pre-nuptial agreement will put minds at ease rather than create suspicion. For most married couples it will be a simple matter of keeping separate bank accounts or agreeing on how to divide up property equally in the event of divorce.

After all, it can’t be love and roses all the way.

Further information: Lucy Winskell is the head of North East Private Capital and a family lawyer with Eversheds, Newcastle: 0191 261 1661. Or contact the Solicitors Family Law Association: 01689 850227

Pre-nuptial agreements – are they harmful or essential? In part 2 couples share their experiences.