Pre-nups are on the rise - but would you get one (& do you need it?)

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As Kanye West says, 'If you ain't no punk holla we want prenup, WE WANT PRENUP! Yeah'

Fighting couple
If you are planning to get married, you probably don't want to think about the prospect of ever getting divorced. But is it pragmatic to consider a pre-nup just in case the worst does happen?

Turns out an increasing number of people are being prudent as one in five Britons have a pre-nup or would consider geting one, with younger generations being more likely to consider it necessary.

Not just for the mega-rich, 56% of people said they thought it was important to protect their personal assets, whilst 44% said they would have one to avoid a lengthy and costly divorce. Younger people are much more likely to consider a pre-nup, as 33% of 18-24 year olds said they would have one, compared to 14% of over 55s.

Of those that said they wouldn't, 64% said it was because they wouldn't go into a marriage preparing for it to fail, whilst 30% said it wasn't romantic.

Should you have a pre-nup?

We sought legal advice. Christina Blacklaws, Director of Family Law at The Co-operative Legal Services, explained, "Although some people may see pre-nups as unromantic, it is far better to be realistic and sensible.

By getting married, you are making huge commitments which will have serious legal consequences, and you should enter into it with your eyes wide open."

Christina continued, "Pre-nups are particularly important for people who are entering second or subsequent marriages who may, reasonably, want to protect their assets for their own children.

Anyone considering a pre-nuptial agreement needs proper advice and help to write it, so that it exactly reflects the couples' wishes. Both parties need to be fully aware of what it means and what the consequences are if they do separate."

Three key points to consider before you write a pre-nup:

1. While pre-nups are taken very seriously by the court in England on divorce, they are not completely binding.

The judge can decide that the pre-nup is no longer fair – especially if the couple have had children – and could make a different decision.

2. No pre-nup will be binding unless it has been properly drawn up by expert lawyers and each person has had independent advice.

3. To further guard against people feeling forced into signing a pre-nup, the closer it is to the wedding day, the less likely the court will be to enforce it."

What do you think? Would you consider a pre-nup? Leave your comments below...



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