“He wants a prenup” — Love is Blind UK highlights common misconceptions around pre-nuptial agreements

With a steep increase in reality dating shows hitting our screens over recent years, Debbie Heald, Partner in our family law team considers whether contestants should be warned of the potential financial risks associated with the progression of their relationships off screen. 

Love is Blind UK — “He wants a prenup”

The issue has been highlighted in the most recent series of Love is Blind UK where couples date in private ‘pods’ and propose marriage without seeing their partner — just days after meeting. The couples then meet face to face and spend a short amount of time together in before their wedding.

In Episode 9 ‘He Wants a Prenup’, Catherine Richards tells friends that her partner Freddie Powell wants them to enter into a pre-nuptial agreement (prenup). 

The request wasn’t particularly well received. Catherine questioned whether she should be worried about Freddie’s prenup request. Should it be considered in some way controlling? Could it ever be changed in the future? Was Freddie already thinking about separating? Would it make separation an easier option?

Pre-nuptial agreements — what you need to know

The vast majority of the concerns raised would have been swiftly and easily addressed by obtaining legal advice. 

What is a prenup?

A prenup — or pre-nuptial agreement — is a contractual agreement entered into prior to a marriage. It sets out how assets are to be divided on separation. Prenups are commonly used to protect certain types of assets for example inheritance or pre acquired assets in the event of any future divorce. 

Is a prenup legally binding?

No. It’s not possible to oust the jurisdiction of the court when it comes to dealing with the financial claims arising from a marriage. However, prenups are becoming more popular and a well drafted prenup which meets both parties needs and where there are no compensation arguments could be a factor of such magnetic importance that it would be considered inequitable for a court to disregard its existence.

Will a prenup provide protection?

It depends on the circumstances and every case is different. Prenups are most likely to be upheld if certain safeguarding criteria are satisfied such as:

1. Both parties have receiving independent legal advice.
2. Both parties have provided financial disclosure. 
3. The prenup is entered into as a deed.
4. The prenup is executed 28 days prior to the marriage.
5. The prenup is entered into of each party’s own free will.

Overall, a prenup must meet both parties’ basic needs.

Can a prenup be changed?

Yes, with the agreement of both parties.

Many prenups include review clauses providing for the financial outcome to be reconsidered after a certain number of years or after a particular change in circumstances such as the birth of a child or children.

Three key takeaways for couples considering a pre-nuptial agreement

1. If your spouse has suggested a prenup, don’t be offended — take legal advice. Use this process as an opportunity to understand your marriage claims and your options.
2. Your needs will change over time and a prenup will need to be adaptable. A prenup that doesn’t meet yours or children’s needs will not be upheld.
3. Prenups are not 100% legally binding but can be highly persuasive provided certain criteria are met.

Why are prenups so controversial?

It’s a very personal decision to enter into a prenup. For many, the prospect of signing a prenup is unromantic and detracts from the marriage vows they are planning to enter into. They deal with highly sensitive issues at an extremely emotionally charged time in a person’s life. Some think of it as one party having checked out of the marriage before it has even begun, providing them with an easy way out of the marriage. Others however consider it to be a financially prudent approach, providing each party with future financial certainty and security.

Should dating shows encourage pre-nuptial agreements?

There’s a strong argument that the couples on dating shows that end in marriage — like Love is Blind and Married at First Sight — simply don’t know each other well enough after such a short period of time.

The contract of marriage creates wide ranging financial claims between spouses. At the time of getting married, many couples are ill informed of such claims and the suggestion of a pre-nuptial agreement can promote critical discussions about financial matters and the parties’ intentions, as well as promoting parties to obtain legal advice in advance of the marriage. After all what other contract would you sign up to without first understanding the terms?

Talk to us

Our expert family law team is experienced in providing realistic and sound advice in relation to both pre- and post-nuptial agreements to help you to safeguard what matters most. 

Talk to us by completing the contact form below.