Let’s be honest – many of us have fallen into the guilty pleasure trap of watching Married at First Sight (MAFS). It’s become a reality TV staple, and we’ve all spent countless hours binge-watching the relationship of two strangers who meet at the altar and tie the knot unfold before our eyes. It’s car-crash television at its finest, and we can’t get enough.
The show thrives on drama, raw emotions, unexpected twists, and the occasional genuine love story – which is exactly why we keep coming back for more each year.
Last night we watched the remaining couples make their final vows, though the UK couples do not actually get married but make a serious commitment emulating the significance of marriage. However, in the US version of the show, the couples actually sign marriage certificates and become legally married to complete strangers.
What is less known is that every MAFS participant must sign a prenuptial agreement before filming begins. While this seems designed more to protect the show’s producers than the contestants themselves (typically in these scenarios each person is likely to walk away with what they entered the marriage with – see further details here ). However, it highlights the value of having clear agreements before making major life commitments, which is relevant to all couples.
What is a Prenup?
A prenuptial agreement (or “prenup”) is a written contract made between two people before getting married. It sets out what will happen to their finances, property, and assets if the marriage doesn’t work out.
Misconceptions about Prenups
A common question we get as divorce lawyers is: “Are prenups actually legally binding?”. In the UK, they’re not automatically binding, but the landmark case Radmacher v Granatino in 2010 marked a turning point for prenups and developed core principles regarding their enforcement.
This case involved Katrin Radmacher, a German heiress, and Nicolas Granatino, a French banker, who entered into a prenup before their marriage. The agreement stipulated that neither party would make financial claims against the other in the event of divorce. However, when the parties divorced eight years later, Mr Granatino did exactly that, seeking a greater financial settlement in departure from the prenup. The Supreme Court ruled largely in favour of upholding the agreement, setting a precedent that prenups should be given significant weight in divorce proceedings, provided they meet certain criteria.
Following this decision, the courts will typically give effect to a prenup when dividing assets during divorce proceedings, provided:
- The parties have entered into the agreement freely, without any pressure or coercion
- Both parties have taken independent legal advice
- There has been full and frank financial disclosure
- It would not be unfair to hold the parties to the agreement
Courts are therefore increasingly upholding prenups that have been appropriately drafted incorporating the above principles.
However, judges will also look at the agreement overall to make sure it is fair i.e. whether both parties’ needs can be met under the agreement or whether there has been a significant change in circumstances. Therefore, fairness remains crucial to ensuring your prenup has real legal enforceability.
Notably, in the recent case of Entwistle v Helliwell, the Court of Appeal found there had been deliberate and fraudulent non-disclosure of roughly 70% of Mrs Helliwell’s assets valued to be in the region of £60-£70m. Accordingly, the court awarded Mr Entwistle a needs-based financial settlement greater than what was provided within the prenup. While this case was reported as exceptional, it highlights the importance of the above principles and the need to obtain appropriate legal advice to ensure the prenup holds weight.
It’s also advisable to consider the inclusion of review clauses triggered by the passage of time or specific events such as the birth of a child or significant change in financial circumstances. Also, that the prenup is executed in good time before the wedding and not less than 28 days before the ceremony to avoid future arguments of undue pressure or duress.
Why should I consider getting a Prenup?
A common misconception is that prenups are only for celebrities and the ultra-wealthy. However, as family lawyers, we believe all couples can benefit from having these admittedly unromantic conversations early on. It’s about making sure you’re both aligned before embarking on such an important journey together. Today’s generation values clear, honest communication more than ever – and a prenup is just an extension of that philosophy.
A prenup can provide significant value if a marriage ends in divorce. The key benefits of entering into a prenup include:
- Facilitating honest conversations and open communication about money and values
- Protecting personal or family assets, such as a home, savings, or inheritance
- Addressing spousal support and business interests
- Safeguarding the interests of children from prior relationships
- Reducing conflict and the stress of long-drawn-out divorce proceedings if the marriage breaks down
One of the key takeaways from MAFS, is that communication builds connection, and the couples who succeed are almost always the ones who talk openly and honestly about what they want. If approached with empathy and openness, a prenup conversation can actually strengthen a relationship not weaken it.
If you are getting married and considering a prenup, reach out McAlister Family Law now for specialist advice from one of our expert family lawyers.
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