It’s 2018. Maybe this is the year to be honest about marriage and take the stigma out of marriage breakdown. Maybe, 2018 should be the year of the prenup?
Second marriages and prenuptial agreements have been one of the most recent storylines of The Archers. Through the trials and tribulations in the relationship between Lillian and Justin the BBC radio show has cast its light on 21st century family life from the comfort of fictional Ambridge.
The question of whether Justin and Lilian need a prenuptial agreement is one on the minds of any Archers fan who also happens to be a divorce lawyer! I make no secret of the fact that I am a huge fan of the Radio 4 soap The Archers. Over the years, the script writers have dealt with some very serious topics not least the legal aspects of divorce and relationship breakdown.
The number of enquiries Woolley & Co receive about prenuptial agreements has risen sharply in the last 12 months. Maybe the message is getting through that understanding the full legal implications of your marriage and putting in place measures in case things don’t work out is a sensible part of wedding planning.
As a family lawyer, I am rarely involved at the start of a relationship when all is going well and people are considering moving in together. Instead, my involvement arises at the point the relationship is breaking down or has broken down. For clients who are not married, one of the first things I often have to do is obtain from the land registry a copy of the transfer deed they signed when they purchased the property. Unfortunately, this is when many people have an unpleasant surprise when I explain that this document is going to be of paramount importance in determining how much of the property they are entitled to receive now they are separating.