A Leamington Spa family solicitor says she is seeing an increasing trend of couples signing pre-nuptial agreements before entering into marriage.

With Valentine’s Day coming up and potential proposals in the offing, Sophia Mellor, head of family law at Berrymans Solicitors, says the agreements – which pre-agree the split of the couple’s respective assets if the marriage ends in divorce – are becoming increasingly commonplace.

A Supreme Court ruling in 2010 gave more weight to pre-nups in this country, making it more likely that agreements which had been voluntarily entered into by both parties would be enforced in court.

Since then, Google Trends data shows that interest in them has slowly grown, hitting peak levels late last year.

Sophia said that take-up of the agreements was becoming increasingly popular and, while pre-nups may be perceived as unromantic by some, she believes they are the opposite.

Sophia said: “Pre-nuptial agreements are becoming increasingly commonplace and now carry more weight before the courts.

“It’s not unromantic, in fact it’s quite the opposite – by having a pre-nup, the couple are saying that they love their partner, not their partner’s money.”

In practical terms, Sophia said the cost of taking out a pre-nuptial agreement to protect pre-marital acquisitions was “negligible” compared to the cost of a potential court battle if a divorcing couple cannot agree on division of their assets.

She said: “Pre-nups are certainly advisable, especially in the case of second marriages, where there are pre-marital assets, or when there are children from a previous relationship involved.

“In the latter scenario, there are potentially more third parties to consider in any subsequent dispute over financial assets brought into a marriage if it ends in divorce.

“Having a pre-nup in place is a cost-effective way to prevent disputes and further friction at an already difficult time in the event of divorce.”

Sophia is urging both those intending to propose or those who have been proposed to, to consult with a specialist family law solicitor for advice.

She said: “A specialist family law solicitor will enable you to make an informed decision as to whether a prenuptial agreement is suitable for you.

“While some may think of pre-nups as being something which is just for the rich and famous, they are becoming increasingly common and can help you and your partner to organise your finances ahead of committing to marriage.”

 

Caption: Sophia Mellor, Partner and Head of the Family Department.