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      in Family Law

      5 Reasons a Nuptial Agreement may be right for you

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      Nuptial Agreements are made ether before or during a marriage or civil partnership and set out how a couple’s assets and property would be split should they divorce or legally separate. Here Vicki Rawlins, Partner at our Winchester office, explains Nuptial Agreements in more detail and shares the reasons why married couples should consider getting one.

      Timing

      Whilst most people have heard of a Pre-Nuptial Agreement, fewer people have heard of a Post-Nuptial Agreement. Both Agreements are similar in content and share the aim to resolve financial and practical difficulties in the event of a future separation as amicable and straightforward as possible.
      Pre-Nuptial Agreements are completed before the wedding and there is clear guidance as to the desired time between the Agreement being finalised and the wedding taking place.
      Post-Nuptial Agreements can take place at any time after the wedding and prior to any separation.
      Timing is therefore a factor to be considered to determine which Nuptial Agreement would be preferable, but one can be completed either during the engagement or marriage.

      Protection

      A Nuptial Agreement is designed to determine how the couple will deal with and separate their finances in the event of a separation and / or a divorce or dissolution.
      Traditionally the Nuptial Agreement will set out how the couple wish to separate assets that one or both have brought with them to the marriage. This could for example relate to property, investments, or business interests. Consideration can however also be given to future assets that may be received or obtained during the marriage, either individually or as a couple. Examples of these could relate to an inherited gift or a property purchased together as a couple.
      Whatever terms the couple agree will form the starting point for division of assets if they do go on to separate. Whilst nothing can prevent one spouse from trying to override the terms of the Agreement, the terms of the Nuptial Agreement must then be considered, and the focus will be on that spouse to persuade the court that the terms should be changed.
      In general terms provided certain guidance has been followed by the couple when the Agreement is reached, and the terms agreed are not fundamentally unfair to one spouse, the court will seek to follow the Nuptial Agreement wherever possible. This therefore gives the couple the best available protection in the event of a separation.

      Collaboration

      As a Nuptial Agreement will be completed when the couple are still in a relationship, it makes it much easier to focus on the practical and financial issues to be considered. Trying to resolve such matters after a separation is made much more difficult due to the emotions that both will be experiencing alongside likely major lifestyle changes such as a change of home. This is even more so if the separation has not been a mutual decision made by both spouses.
      Choosing to consider and agree these issues in advance, taking the couples’ specific aims and priorities into account, greatly increases the prospects of reaching a fair and amicable agreement.

      Flexibility

      Terms are agreed between the couple and can be as wide or as narrow as they see fit. The Nuptial Agreement could simply deal with just one asset or could set out how the couple wish to divide all assets and income should they later separate. It is an adaptable document which will be tailored to the couples’ needs.
      Whilst it is possible to include in a Nuptial Agreement how they wish to deal with possible future events, no-one can see into the future. Something may happen which the couple had not envisaged, or they may feel differently about an event when it does then happen.
      Nuptial Agreements are flexible as they can be updated as and when the need arises, provided the couple can agree such amendments. It is common for Nuptial Agreements to include provision for review and possible updates at specific intervals, for example every 3-5 years, or upon certain events happening such as having a child. Ultimately whether such terms are included will be the couples’ decision and will form part of the negotiations.

      Savings

      Nuptial Agreements will ordinarily save the couple time, money, and stress.
      If a couple separate without having had a Nuptial Agreement, negotiations will then be necessary. Various factors can make this a very difficult process. In those cases, the only option may be to begin contested court proceedings.
      In those circumstances the matter is unlikely to be resolved for at least 1-2 years, during which time the couple’s lives will often be in limbo. The costs of such negotiations, and especially court proceedings, will generally be much more expensive than the costs of a Nuptial Agreement. Finally, the emotional impact and stress that this will have on the couple is far greater than the alternative.
      Nuptial Agreements are growing in the UK and can be viewed as an option for consideration akin to financial planning advice.  Specific legal advice should be sought to consider the couples’ individual needs and priorities before entering into a Nuptial Agreement.
      Get in touch 
      If you would like any advice on Nuptial Agreements or other family law issues, please contact our Client Care Team to speak to one of our specialist divorce lawyers here.  More

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      in Parenting

      20 Date Night Ideas For Parents

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      Date nights are all about enjoying each other’s company.  In the beginning, couples are often so excited to do things together that date is just a formal excuse to see each other.  After marriage and kids, date night takes on a new meaning.  They become a chance to reconnect with just the two of you as a couple and do fun things together. They are no longer about getting to know each other as much as they are about getting to have fun together.  As a parent, it is important to set aside date nights in order to make sure you don’t lose the magic that started everything in the first place. I hope you enjoy these date night ideas for married couples.

      The Parent’s Guide To A Successful Date Night

      Kids change your marriage, that’s a fact. Most married folks know and embrace this, seeing the introduction of new life into the world as a more than valid reason to cut back on things like nights out drinking, frivolous purchases, sleeping past seven in the morning… and date night.

      You’re a parent. You love your kids. And you love your spouse.

      But don’t you miss your date nights?

      Don’t feel bad about screaming, “Yes!” right now, whether it’s inside your head or out loud in the driveway, with the windows of the minivan rolled up.

      You’re an adult. You need a little romance, some kickback time, and the company of other adults. Not only are you allowed; you’re required. Date nights are actually super important to keeping a happy marriage. A romantic evening helps recharge your batteries and fill your love tank.

      The Importance of Date Night to Parents

      Whether you have an eighteen-month-old or an eighteen-year-old, there’s always an excuse to not take a night off and spend time with your spouse. The baby has been fussy all week; I couldn’t inflict him on a babysitter. The teenager’s been acting out all week; I couldn’t possibly trust her alone in the house for a night. But let’s face it. You should prioritize yourself and your marriage. You need a healthy adult relationship, and that means protecting the sanctity of date night.

      As busy parents, it is too easy to grow apart.  You know what they say about an ounce of prevention is worth a pound of cure.  So, go ahead, have fun on a date night with your partner and don’t feel guilty about. Feel good about it!

      When To Schedule A Date Night For Parents

      Believe it or not, the time when date night feels the least possible is the best time to make it happen. If the kids are sick, work is busy, your kitchen remodel isn’t going as planned, or any other of life’s countless, unexpected bumps in the road has you thinking, “I can’t possibly afford a night off,” remember you can.

      More importantly, you need to.

      When life gets stressful, we tend to convince ourselves that everything is life-and-death, forcing our attention and energy to be consumed by even the tiniest issues in front of us. So, if you’re feeling like life’s too crazy for a break, you’re probably just too stressed out to realize that life is just being life, and a break is exactly what you need.

      Besides that sage advice, set a regular date night too.  At least once a month, everyone can and should make that happen- even married couples.

      Date Night Ideas For Married Couples

      After being married for years, it is easy to get in a rut. Take turns planning out date nights and surprise each other sometimes. Having a regular date night helps ensure that it actually happens and that you don’t let other things get in the way. Always turn off your app notifications on your cell phones for date night and ignore anything that isn’t the babysitter.

      Try Doing New Things

      Try doing new things for your date night that you have either never done before or not in years. Only you can keep things from getting stale! Step out of your lazy, comfort zone and try something new and exciting. Make new memories and enjoy a change of scenery.

      Try going to a golfing range together. Maybe one of you can lean in and teach the other a few good moves… I mean swings.

      Try visiting some tourist attraction in the area that you have never been to since you aren’t a tourist!

      Try a new restaurant or exotic cuisine.

      Get out in nature together. Go for a hike or an canoeing trip.

      Arrange to go horseback riding.

      Take a dance lesson together.

      Do a movie night at the big screen in an actual movie theater.

      Enjoy an evening stargazing.

      Try a spa day and get a couples massage.

      Picnic in the park. Enjoy an afternoon or evening lounging on the grass at your local park and tantalizing your tastebuds.

      Go on a double date. When was the last time you did that? It could be a lot of fun if it has been a long time since you have done it. You could even use a little creativity and pick a funky venue and go roller skating or bowling!

      My husband and I enjoying an evening on the back porch together.

      Date Night Ideas During Quarantine

      Don’t take this easy out too often, but date night at home may be a fun way to ease into date night ideas for married couples. Sometimes a dinner reservation might be hard get (especially during a pandemic) so there’s no rule against hiring a babysitter or using a baby monitor and staying in. Home date night ideas are a great way to enjoy some quality time to connect when you can’t get out. The important thing is make sure you two still get some alone time.

      A candlelit dinner with a glass of wine while the kids are asleep, playing with the babysitter, or watching TV upstairs can be just as romantic as an expensive Italian restaurant—not to mention cheaper, and healthier. The meal can be homemade or takeout as you both prefer and I know I prefer.

      Play board games together (like Monopoly or Trival Pursuit) and make up a few of your own rules about what happens when you land on certain squares!

      Recreate your favorite coffee or ice cream shop at home. Make a huge ice cream sundae with all the toppings together and eat it together too. Don’t forget to feed each the first and last bites! Have fun trying to recreate some fancy coffee drinks or your favorite beverage if that is more your thing than sweets. The idea is to have fun making something you both enjoy and then have fun enjoying it together.

      Grab a bottle of wine and swap stories. Remember when you first met? Tell each other the details you remember about the other person. Remember when you first kissed? Share how you felt. Share some of your favorite memories of trips you took together or things you did together. Dream about fun things to do together in the future.

      Play cards together (strip poker could spice things up after a few friendly rounds of cards).

      Make a scavenger hunt for your partner. Give them a clue that helps them find another clue that helps them find another until finally, they get a reward for all their hard effort!

      Cook together. Slow down, relax, and enjoy cooking, working together, and tasting what each is making.

      Garden together. Planting flowers together can be a lot of fun and then you can think of the fun you had with your honey every time you look at your nicely landscaped beds. Plus, you may need to go clean up together after working in the dirt!

      Go on a virtual date. There are lots of museums with virtual tours so this is the perfect time for you and your sweetie to see those works of art together or discuss history and science.

      Try a Date Night Box subscription. There are some companies like, Crated With Love, that take all the work out preparing for date night and deliver curated fun. It’s an easy way to have fun after a long day.

      Date Night Can Help Keep The Spark Alive

      Take a look at your spouse; you’re still just as wild about each other as you were when you got married, right? You still make each other laugh, still support each other through stressful times, and still want to be the first person each other sees in the morning and the last they see at night. So why aren’t you putting the same effort into your marriage now that you’re parents, as you did when you were newlyweds?

      It’s a scary thought, but many couples end up drifting apart once their kids are grown and out of the house, realizing that years of what they thought was happy, healthy marriage, was just collaborative child-rearing. Getting too comfortable might not be a good thing if you start taking each other for granted.

      You need to ensure that you’re both parents and romantic partners. Kids will never be “in the way,” but you’re likely using them as a mental block to stop yourself from indulging in some well-deserved adult time. That is why regular date nights are so helpful to putting the emphasis back on the two of you.

      Make a point to take a half hour before bedtime to spend time with your spouse, either talking in bed before turning the lights off or sipping a glass of wine on the back porch as the sun goes down. Communication is essential to staying connected to your spouse and each feeling seen and heard.

      Adding a little moment of romance to your daily routine will make carving a few hours for date night to go see a movie or cook a romantic meal together feel more natural—and essential—to your relationship.

      It is all about staying connected and not taking each other for granted. Your partner is special and they need to know you still feel that way. Take the time to show each other through regular date nights for married couples.

      If you are already overdue for a date night, consider taking a day trip together or even an overnight trip so you can catch up on some romantic couple time! Then you may be hungry for more date nights after that.

      Related Posts:

      Finding Time For Your Spouse

      Marriage Advice From Those Married Over 10 Years More

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      in Relationships

      The perils of a prenup agreement

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      The perils of a prenup agreement: While it remains the case that prenuptial and postnuptial agreements are not binding on the parties or the judge upon divorce, the Courts are giving increased weight to nuptial agreements where the recommended formalities are complied with. 
      This is in line with the judgment in the Supreme Court decision in Radmacher v Granatino [2010] UKSC 42: 
      ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’.  
      The perils of a prenup agreement
      In order to give a nuptial agreement the best chance of being upheld, the following requirements should be met: 

      The terms of the agreement must be fair and meet the needs of the parties and any dependent children. If this condition is not met, there is little prospect of the agreement being upheld:
      Contractual validity – it must be capable of being enforced as a contract; 
      No evidence of undue influence or duress – the parties must enter into the agreement of their own free will; 
      Execution – the agreement must be signed or executed as a deed; 
      Timing – the agreement should be prepared and signed in good time before the wedding/civil partnership. The Law Commission report addressing Qualifying Nuptial Agreements recommends that a prenuptial agreement should be entered into at least 28 days prior to the wedding or civil partnership; 
      Both parties should disclose full details of their respective financial situations; 
      Independent legal advice – to be taken by both parties at the time that the agreement was formed to ensure that they fully understand the consequences of the agreement. 

      There are other considerations that may impact whether a nuptial agreement is upheld, such as evidence of fraud or misrepresentation at the time the agreement was entered into. 
      However, provided the terms of the agreement are substantially fair and the needs of the parties and the children have been met, the Courts are increasingly willing to uphold and/or give significant weight to nuptial agreements. 
      The case of S v H
      While there are examples of pre-nuptial agreements being upheld, at least in part, where some of the above requirements were not met, the recent case of S v H is a stark reminder that failure to comply with the above formalities, especially the need to ensure that the agreement meets the needs of both parties, can render a prenuptial agreement worthless. 

      The case of S v H involved a husband (69 years old) and a wife (56 years) who had both been married previously and both had children from their previous relationships. 
      The wife had significant resources at the time of the marriage whereas the husband had very little. 
      The parties entered into a prenuptial agreement for them each to retain the assets they held at the outset of their marriage and likewise, any future assets acquired by either one of them during the marriage were not to be shared.
      The marriage lasted approximately 6 years. The wife had a net income in excess of £100,000 per annum and she held capital assets of c.£3 million net at the date of the Final Hearing. 
      During the marriage, the husband received a modest salary through the wife’s business but his main role was to care for the wife’s twin daughters who at the date of the marriage were 11 years old.  
      The husband incurred significant debts during the marriage after borrowing from friends to discharge a variety of debts and to contribute towards his living costs. Following their separation, the wife sought to uphold the agreement whereas the husband, who had at that point been adjudicated bankrupt, sought financial provision from the wife to meet his housing and income needs.  
      There was a dispute between the parties over the circumstances that led to them entering into a prenuptial agreement. 
      The husband’s case was that until he was called to attend the notary’s office to sign the agreement, he was unaware of the wife’s wish for them to enter into a prenuptial agreement. 
      The wife’s case was that the decision to enter into a prenuptial agreement was a joint decision and was discussed before the arrangements were put in place. 
      Notwithstanding that the parties intended to live as a family in the UK, the prenuptial agreement was drawn up in the country of which they were both nationals and where the marriage took place.  

      The judgment 
      ‘In my judgment, there is no value in the prenuptial agreement. There was no formal process of disclosure, there was no advice given to either party, other than by the notary who prepared the document and at five days before the ceremony…
      Even if I held that the agreement was binding, it plainly leaves the husband in a position of real need, when the only way of alleviating that needs being to take funds from the wife to provide for him, contrary to the terms of the prenuptial agreement’. Trial Judge, paragraph 44
      The husband was awarded 60% of the wife’s pension fund to provide him with an income stream. 
      The wife was ordered to make a lump sum payment of £270,000 in order to discharge the husband’s debts which included his outstanding legal fees. 
      The wife was also ordered to purchase a 3-bedroom property at a cost of £350,000 for the husband to live in until his death or until he no longer needed the home, at which point the property would revert to the wife.    
      Getting the right legal advice 
      Clients are often surprised by the amount of work involved in preparing and executing a prenuptial agreement and many assume that it will simply be a matter of signing a standard proforma document.   
      However, as demonstrated by the outcome of the case of S v H, every effort should be made to comply with the requirements listed above to give the prenuptial agreement the best chance of being upheld and in all cases, the issue of needs and fairness must be addressed.
      Read Prenups: can you change them and do they count 
      Get in touch 
      To avoid the perils of a prenup agreement, download our guide to prenup agreements or please do contact our Client Care Team to speak to one of our specialist family lawyers with experience of prenup agreements here. More

    • 138 Shares119 Views

      in Children

      How divorce affects children’s future wealth, not just ability to earn

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      People in Australia who experience the divorce or separation of their parents during childhood accumulate 46% less net wealth, on average, than do people whose parents do not separate when they are children. Wealth is defined as the net difference of all assets and debts. Assets include real estate, business assets, financial assets, savings, life […] More

    • 88 Shares149 Views

      in Relationships

      Will civil partnership become the new marriage?

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      As I’m sure you will be aware, the first opposite-sex couples to enter into civil partnerships in England and Wales tied the knot on New Year’s Eve (the media has been full of the news). I understand that both Scotland and Northern Ireland will shortly follow suit, but what follows relates primarily to just England […] More

    • 88 Shares149 Views

      in Relationships

      Equal civil partnerships law takes effect today

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      Another way: civil partnerships law extended to same-sex couples Today scripts a momentous occasion extending the remit of Civil Partnerships law by virtue of the Civil Partnership, Marriages and Deaths (Registration) Act 2019 which now provides by virtue of Section 2 (1): “To persons who are not of the same sex to form a civil […] More

    • 50 Shares169 Views

      in Relationships

      Transgender man’s marriage invalid

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      The law on marriage and gender As we all know, marriages between same-sex couples have been legal since March 2014. Prior to that, the law specifically stated that a marriage between parties who were not respectively male and female was void. But what if a woman underwent gender reassignment surgery, transitioning from female to male, […] More