Q. My partner and I are considering marrying at the moment. However, although I am not completely unromantic (I am just practical!), I do have considerable more assets than him and I confess that I would think it unfair if he took half of everything if the marriage failed. If I could delicately persuade him to agree to sign a Pre-Nuptial agreement, would this be binding on him?
A.. Although these agreements aren't officially recognized at law, the courts can, and often do, take them into account when dividing assets on divorce. There is nothing unromantic about this and nothing new in the idea of marriage contracts; when the American heiress Consuelo Vanderbilt married the Duke of Marlborough in 1893, the marriage was almost called off because their lawyers could not agree on exactly how much of her money he would be allowed to keep in the event of her death or divorce!
Q. What would happen if, after a few years, we decided that the Pre Nuptial agreement was out of date? Could we change it?
Yes, provided you both agreed, you could make a Post- Nuptial agreement. In a recent case, a couple (who had actually video taped their pre nuptial agreement) had 5 sons, split up 7 times and amended their original Pre-Nuptial Agreement twice over the course of their marriage! After considering the case, the High Court said that the amendments which formed their Post-Nuptial Agreement were legal and binding.
Should you have a queries regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
