People often wonder why they should consider entering into a pre-nuptial agreement ahead of their wedding as some believe it kills all the romance at a time when they’re in love and are planning their big day.
Naturally, there are always advantages and disadvantages of doing something, but … “Do the advantages of entering into a pre-nuptial agreement outweigh the disadvantages?”.
The advantages of entering into a pre-nuptial agreement:
Protection of assets – You can list your assets in a pre-nuptial agreement, stating which have derived from gifts or have otherwise been acquired by you prior to your marriage. These may include inherited assets, family heirlooms, gold, an interest in a family business, or a property.
Protection of family members – for cultural reasons, it may be difficult for a party to make provision during their second marriage for their children from a first marriage. However, a pre-nuptial agreement can protect the financial interests of children from a previous marriage by providing for certain assets to be ringfenced for them.
Clarity – you and your spouse-to-be can make it clear to one another that certain property belongs to you or your family and will not be shared during the marriage or on any future divorce.
Certainty – you and your spouse to be can agree at the outset of your marriage how you intend your assets and income to be shared if you later separate. This could save you both the uncertainty, time and stress of a potential dispute which could lead to court proceedings.
May save money – the legal cost of preparing and advising on the terms of the pre-nuptial agreement will be much less than the cost of settling a dispute should you later separate or divorce.
Debt protection – if your spouse-to-be has significant debts, either now or in the future, the pre-nuptial agreement can be used to protect you from any liability arising as a consequence of those debts.
Compensation for being a homemaker – if during the marriage, either of you give up a good career to care for your family, that person should be entitled to a greater share of the assets on the breakdown of the marriage to reflect their loss of earning power going forward.
Minimises acrimony on divorce – setting out how assets are to be divided on divorce in the pre-nuptial agreement should lead to fewer arguments about finances should you later divorce and result in a more amicable relationship after divorce, not just between you and your spouse, but also your extended families.
Protection of business partners – if you have an interest in a family business, the pre-nuptial agreement can protect that interest and prevent disruption to the business if the marriage breaks down.
Provision on death – the pre-nuptial can set out what should happen to your assets on your death. This can support the provision contained in your Will and clarify what is to become of certain assets for example that they pass to your children or grandchildren.
Marrying for money – a pre-nuptial agreement will ease concerns that your spouse-to-be is motivated to marry you due in part to your financial circumstances. Committing to a pre-nuptial agreement will provide reassurance. If you would like to know more about the above article then you can contact one of our specialists.
