He goes on to say that pre-nuptial agreements have the power to play a very important part in keeping divorcing families as civil as possible. I recently spoke to a client, who wanted to instruct me to draft a pre-nuptial agreement for him, for just that reason. It was the experience of his parents' acrimonious divorce that meant that he wanted a Pre-Nuptial Agreement in place. Whilst he was hoping for the best, in relation to his forthcoming marriage, he was preparing for the worst, having lived through it with his parents. That seemed to me an entirely sensible reason for entering into a pre-nuptial agreement.
If you are considering a pre-nuptial agreement or your parents are considering it for you, then it is helpful to keep the following in mind:
- The agreement should be fair and reasonable at the time it was entered into.
- Both parties should have had the opportunity of taking legal advice before signing the agreement.
- There must be no pressure put on either party to sign the agreement.
- For that reason, it is best to start planning your pre-nuptial agreement at the same time as you start planning your wedding. It is better to have the agreement negotiated and signed, as far in advance of the date of your marriage as possible.
If you are thinking about a wedding and there are family assets to protect or you want some financial certainty in the event of the break-up of your marriage, follow Richard Branson's advice and consider a pre-nuptial agreement.