Netflix have recently released a UK version of the reality / dating TV show Love is Blind. If you have not yet watched, and reality TV is not a guilty pleasure of yours then to summarise:
Contestants take part in a ‘social experiment’ where single men and women look for love and get engaged, all before meeting in person. After they meet in person, they spend time together and choose whether or not they proceed to get legally married.
Of course, the legal practicalities in England and Wales is so important if the couples chose to say ‘I do’. A couple must be married for a minimum of 12 months before they are able to apply for a divorce under ‘no fault divorce’.
As a family solicitor specialising in divorce and financial separation, I was pleasantly surprised to see discussions around the impact of marriage on finances.
One contestant remarked firstly ‘if we were to get married, legally you would be entitled to my money’ and ‘would you be offended if I got something in place to say my assets would go to my sister if I pass away’. It did not land well with his partner, but of course it has to make good TV. Not surprisingly, the next episode is called ‘He wants a Prenup!’.
Whilst it is reality TV and should be taken with a pinch of salt, the real-world aspect of that is all couples planning to get married should be having conversations as to their financial assets. If a prenuptial agreement is appropriate then ensure that the advice is timely. Especially given financial proceedings are costly, not only in terms of legal fees but emotionally. Married couples have legal rights to a financial claim against one another in the event of a divorce.
If both parties are willing to be fair and reasonable in negotiations beforehand then a prenuptial agreement is a useful way of reaching a resolution in the event of divorce. It may be that parties can avoid possible financial proceedings on divorce where a court may end up making the decision of who gets what.
Unfortunately, recent data indicates that the divorce rate in the United Kingdom is estimated at 42%. The key is therefore to obtain legal advice as soon as possible on the individual situation.
If you’re looking for advice in relation to divorce and financial proceedings, get in touch with Farleys’ experienced family law team today on 0845 287 0939. Alternatively, you can contact us by email or using the online chat below.