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Love is in the air...
02 February 2010
What could be more romantic than a proposal of marriage on Valentine’s Day? Only a lawyer would spoil the moment with mention of a pre-nuptial agreement, says Kent family solicitor Anne Blenkinsop*.
Anne, partner and member of the family law team at leading regional law firm Furley Page, said: “I am not suggesting that you raise the topic while you or your partner are down on one knee. But as you plan your wedding and your life together you will inevitably talk about your finances and at that point you should consider whether a pre-nuptial agreement would be right for you.
“An agreement doesn’t signify a lack of commitment to stay together – any more than having car insurance shows an intention to crash. But if the marriage does end in divorce, a settlement agreed by you as fair when the relationship was happy is a much better way of ending the partnership than a bitter and costly court hearing.”
‘Pre-nups’ can be good for couples who bring substantial financial assets to the marriage – either through a previous divorce or because they are marrying later in life. And particularly if they have older children who may have concerns about how the marriage will affect them.
They can also help reassure parents thinking of helping the newlyweds on their way but are worried that their son or daughter may not benefit from their generosity if the marriage breaks down, adds Anne.
Although pre-nups aren’t enforceable by law, they are being given increasing weight by the courts when a judgement is being made.
If you and your partner are considering a ‘pre-nup’ you need to seek separate legal advice. You also need to take your time to consider the terms of the proposed agreement – and the sooner the better.
For further information on pre-nuptial agreements contact Anne Blenkinsop on 01227 763939.
Notes to editors
*Anne Blenkinsop is a collaborative lawyer. Collaborative law is a relatively new way of dealing with family disputes where the lawyer works with you, your partner and your partner’s lawyer in a series of face-to-face negotiations to help resolve family disputes. The process also helps to keep costs down.
Established 1725, Furley Page Solicitors has offices in Canterbury, Chatham, Whitstable and Lloyd’s of London, offering legal services across wide-ranging practice areas in commercial and private client law. It is led by 21 partners and supported by more than 100 legal staff. Furley Page is recommended by Chambers and the Legal 500. Furley Page is authorised by the Financial Services Authority to offer independent financial advice.
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