October 2, 2021

Marriage contracts, namely pre-nups and post-nups, are often associated with the rich and famous and can often be sensationalized by popular news. This has led to the widespread belief that marriage contracts are unfair, worthless and unromantic, when in reality they can be a reasonable, fair and transparent way to discuss the financial image of marriage and agree on the outcome if it ever collapses. It must be remembered that we must surpass everyone. If the effect of ring-fencing assets is to leave the other spouse in divorce without money for a house (especially if there are children), a court may try to search some of the assets mentioned above. One can also be creative through a marriage contract (for example, by saying that any money allocated to accommodation is “loaned” to the other when divorcing from one spouse to another and that after the death of the spouse to whom the money has been lent or once the children are adults, it will be returned to him). Although marriage contracts have traditionally been considered a domain of the very rich, there are many different reasons to get one. For example, Practical Law Family needs to help family lawyers working in law firms, large and small, produce documents quickly and advise them with confidence. It provides access to a bank of standard documents maintained at all times precedents, letters and clauses, including marriage and concubine agreements, approval clauses and modifiable justice forms. 

The introduction of family law also includes a Form E interactive software tool – the interactive Form E accounts with built-in calculators and built-in design notes, allows lawyers to import information from their client or other third parties and speed up financial problems. It`s fair to say that it`s often harder to convince a spouse to sign a post-nup than a pre-nup. During a pre-nup, the focus is on marriage and it is usually clear why a person wants to have a pre-nup.

In post-nup discussions, there is often no specific “hit” to convince the other spouse to participate in the discussion/sign the document. People may see it as a suggestion that marriage is in trouble, when the proposal is normally made for one of the above reasons. Often, an incentive to sign a post-nup can be to now offer more favorable terms than if a divorce without a marriage contract existed now, but which decrease over time. Since this decision, the Legal Commission (an independent body that reviews the law) published a report in 2014 with recommendations. It recommended the introduction of “qualified marriage contracts” that would allow couples to make binding arrangements for the financial consequences of a divorce. . . .