Love and law meet in one of the most awkward, but increasingly common wedding conversations.
The dress, the venue, the guest list, the photographer, the cake; wedding planning already comes with a long to-do list. But for more and more couples, another conversation is finding its way onto that list: the prenup.
Prenuptial agreements are not currently automatically binding in Jersey. Instead, if a marriage breaks down, the Family Court will consider whether it would be fair to uphold the agreement on a case-by-case basis.
That position will change. New legislation in Jersey is set to give the Family Court the power to vary pre- and post-nuptial agreements, with agreements presumed valid if they have been properly entered into. In practical terms, this should give couples greater certainty about what would happen financially if they later divorced.
Prenups are also becoming much more mainstream. According to the New Marriage Foundation research, one in five weddings in the UK now starts with a prenup. Recent research also suggests that younger married couples are more likely to have one, with 40% of those aged 18 to 35 reporting that they have a prenuptial agreement.
A prenup is an agreement made by a couple before they marry or enter into a civil partnership. It sets out how they would like their assets to be divided if they later divorce or dissolve their civil partnership. This can include assets bought before or during the marriage, and assets held in either joint or sole names.
Of course, prenups can still feel unromantic. No one wants to talk about the possibility of separating while choosing flowers, outfits and seating plans. But having the conversation does not mean anyone expects the marriage to fail. It can simply be a practical way of being open, honest and transparent from the start.
For many couples, this is not about vast wealth. It may be about a first home, money gifted by parents or grandparents, an inheritance, a family business, savings built up before the relationship, or belongings with sentimental value. For others, it is simply about making sure both people understand where they stand.
With a prenup in place, a couple can decide for themselves how certain assets should be dealt with, rather than leaving everything to be argued over later. If the relationship does end, a clear agreement can reduce uncertainty, cost and conflict at an already difficult time.
A prenup can cover money, property, personal belongings and, in some cases, even pets. It can deal with assets owned before the marriage, inherited wealth and future assets, such as an expected inheritance. The value does not have to be millions. Sometimes the things that matter most are not the most expensive ones.
If you are thinking about a prenup, here are a few key points to keep in mind:
- Ideally, you should enter into your prenup at least 4 weeks before the wedding.
- You should both take independent legal advice before signing.
- The agreement must be entered into freely, without pressure from either side.
- Both people will need to be open about their finances.
- The agreement should be fair, particularly if children are born.
A prenup may not sound like the most romantic part of wedding planning, but for some couples it can be one of the most sensible conversations they have.
If you would like to know more about prenuptial agreements, including the fixed fee packages offered by Le Gallais & Luce, or if you have any questions about family law, please contact Matthew Godden by email at family@lgl.je or by phone on 01534 760760.
