Georgina Clatworthy

By Georgina Clatworthy

They are popular amongst celebrities but would you consider having a pre nuptial agreement? These legally binding documents, drawn up before the wedding, protect one or both parties and their assets should they later divorce. They are popular with the rich and famous as they seek to protect their personal fortunes given that divorce settlements in recent times have reached record payouts.

No – You will not have a pre nuptial agreement:

Is there really any point in have a pre nuptial agreement to protect your collection of designer clothes or his vintage car? Are you really going to enter into a legal battle over the uber expensive lounge suite you bought together or your pet goldfish? Ok so you might consider it if one of you owned your own home or had considerable personal assets. But then you are getting married because you love each other and because you want to spend the rest of our lives together. If you want your marriage to work then is there really any need for a pre nuptial agreement?

Yes – You will have a pre nuptial agreement for security and protection:

How many couples have said to each other ‘but we will never get divorced, we love each other too much’ only to end up in the divorce courts a couple of years later, embroiled in a messy division of assets? Having a pre nuptial agreement will provide protection and security over your assets should things change. Fact is many couples find they have changed and simply grown apart, for them divorce can become very messy and a pre nuptial agreement helps to ensure things are dealt with quickly and fairly.

Deciding on whether or not to have a pre nuptial agreement is a difficult issue to broach. You may not feel comfortable asking for one or even indignant that they have raised the subject, so it is important to talk it over and decide on what is best for your situation. Pre nuptial agreements are designed to protect personal assets and wealth but what about the other party? If you divorced would they be left with nothing? If you think a pre nuptial agreement is right for you do seek legal advice before you proceed to have one drawn up and make sure you are both comfortable with it or your marriage could be in difficulty before it has even begun.