Solicitor confirms marriage pre-nups not watertight
TO SIGN or not to sign a pre-nuptial agreement has long plagued couples planning to tie the knot.
Gaffney, Lyons and McMahon Solicitors proprietor David Lang said many were deafened by the chime of wedding bells before their marriage and failed to think about what could happen if they were to split later in life.
"People are reluctant to (sign a pre-nup) because it is an emotive issue and evokes the idea that one party is suspicious of the other," Mr Lang said.
Based on last year's census, 29% of, or almost one in three, Warwick marriages ended in a split and Mr Lang said having a pre-nup could make things a lot easier if the inevitable was to happen.
"A pre-nup has a few different assets to it," he said.
"(It makes) it simpler because everybody makes clear what their intentions are.
"If someone has signed an agreement, everyone in that relationship has a clear understanding what's going to happen (in the case of a split)."
So what happens after 20 years of marriage when the couple has purchased a number of assets with their joint bank account?
"It gets complicated with longer-term marriages," Mr Lang said.
He used an example that explained the courts would have to assess the initial pre-nup and then the current situation, to determine if what was written on the agreement was what the couple would have intended at that time.
Despite having the legal background behind him, Mr Lang is only human and did not sign a pre-nup for his own marriage.
"I'm probably much like everybody else," he said.
"In very black and white terms, when you're supposed to be tremendously in love and last forever, the idea of how you're going to separate assets isn't quite in tune with thought processes.
"I don't necessarily (encourage people to sign a pre-nup) but they are handy."
We took to the people of Warwick to get their opinion on the great debate.
Karen Angel thought signing on the dotted line was the only way to go.
"Definitely a good idea," she said.
"Especially if one partner goes into the relationship with substantially more assets. It just gives you peace of mind."
Andy Galloway was a little selfish about the whole idea.
"It depends," he said.
"If I've got all the cash, then yes. If she's the one who's loaded, then hell no."
What are your thoughts? Would a pre-nup have saved you grief? Let us know by leaving your comment below.