Resolution, a group of 5,700 lawyers, said there had been a large increase in people asking for a prenup in recent years, with the number doubling during the last year alone.
Pre-nups set out arrangements for what will happen to a couple’s assets and earnings if they divorce.
The whole idea of prenuptial agreements strikes me wrong. I don’t like the idea of contingency planning for the failure of a marriage. However, I do see that there are situations where the issue isn’t just between the two people getting married. Sometimes there are family fortunes, businesses, children of widowers/widows and previous relationships that all have to be considered. And given the extremely high divorce rate…well, it does seem to make sense.
I have personally known married folk, both men and women, that had very bad divorces and they and their children were hurt by their former spouses in very petty and vindictive ways.
I can’t help but think though, that if there is such a need for prenuptial agreements now, that perhaps there should be a reconsideration of divorce laws (making divorce a more difficult alternative) and a change in property laws for marriage. I mean, if there is this large need for prenuptial agreements, couldn’t much of that be codified into the laws about marriage, rather than continuing to provide fodder for the myriad of lawyers that are all to eager to profit from prenuptials and divorces? Can’t marriage laws be written such that they are intrinsically fairer? (And don’t get me started on palimony!)
The thing is they don’t necessarily work in the UK – the Courts have an unfettered right to make dispositions of property in whatever way seems just to them in the interests of the children and parties on a marriage breakdown….although it does no harm to let them know what the intentions of the parties were before marriage.
Marriage breakdown is usually a disaster for both parties. Farms and family businesses are sold if there is no other source of funds to pay the other party, assuming there is anything much left after the lawyers’ fees and other costs.
It has been said that a high-net-worth individual should be very careful before contemplating marriage; and the trouble is that discourages marriage, which is not what we should be doing. Is it?
In England the assumption is that young children do better with the mother contrasted with much of Europe where equal parenting rights and duties are the normal assumption. The assets often follow accordingly.
There is a view that UK marriage and childrens law is in need of reform.