The Engaging Question

19 May 2012

The engagement of the Century has finally been announced between our future King and Queen - the dream venue and date have been chosen and all plans are set in motion to ensure the big day is fit for a princess.   

Now Clarence House has answered the initial burning questions - including confirmation that it will it be declared a public bank holiday - another pertinent question is 'will they sign a prenuptial agreement?'

While the Windsors have hardly been blessed with marital bliss in recent times, prenuptial agreements need not be based on the cynical assumption that a marriage is doomed to fail before the couple have even walked down the aisle.

They can offer a unique peace of mind to couples - even those without millions in their bank accounts - even though the Supreme Court recently gave more weight to prenuptial agreements without going so far as to making them legally binding in England or Wales.

Such an agreement should never be entered lightly and it should always be a mutual decision for both parties. Although they are not currently legally enforceable in the UK this may change in future years and at present many UK courts will take prenuptial agreements into consideration when ruling on divorce settlements.

Pre-marital agreements can help to protect separate property, support estate plans and clarify any special agreements between a couple and will establish ground rules for deciding future matters. In the sad occasion of a divorce it can help to reduce conflict and could save money. Some people have even said signing a pre-nup helped to strengthen their marriage.

A carefully considered and thoroughly written contract can provide many benefits should a marriage breakdown but it can also cause problems before the marriage has even begun. 

Prenuptial agreements can force couples to consider certain issues which eventually the majority of all partnerships will face, such as money management and assets rights, but prematurely. Discussing these topics in the early throes of an engagement can destroy all the romance associated with becoming betrothed to the love of your life.

Should a couple feel they may benefit from an agreement it must be done carefully and sensitively. It should be signed well in advance of the wedding - too close and a court could rule it was drawn up while a party was under duress - and always seek legal advice.

Couples should remember agreements in the UK can have a dramatic effect on how assets are split so it must be done right, but they do not set in stone how a divorce will be settled.

Northumberland residents concerned about Family Law issues can contact the DAWN Advice Team for free and independent advice through the county's new advice line on 0844 4111 309.