However you plan to do it, a ring shaped box under the Christmas tree or popping the question at the stroke of midnight at New Year, you may be among the many couples getting engaged over the festive period.
Very soon you will be planning the engagement party, the wedding and the honeymoon but you should also consider planning a pre-nuptial agreement.
The sad fact is that some marriages do not work out but if you have agreed with your fiancée what would happen if you were to separate, then this may avoid confusion and acrimony at a later stage.
A pre-nuptial agreement will identify the assets which each of you are bringing into the marriage, the contributions which you intend to make during the marriage and how the assets are to be distributed should you and your partner separate. This is particularly important if you are entering into the marriage with your own property say from a previous marriage or an inheritance.
At present pre-nuptial agreements are not binding in English law but they can be "highly persuasive". In short it is always better to have a pre-nuptial agreement than none at all. Remember, don't leave it too late, a pre-nuptial agreement has to be made before the wedding has taken place.
You many now be thinking that it's probably best not to pop the question after all. Do not be mislead into thinking that this means your assets are safe or that you do not need to get married as you will be a "common law wife / husband".
There is not such thing as a common law spouse. It is precisely because of these misconceptions that you should take legal advice as soon as possible even if you are just planning to live together. You may be advised to enter into a cohabitation agreement which is similar to a prenuptial agreement but where you have no intention of getting married.
A key to the front door is not the same as a sparkling engagement ring but which ever is your preferred option, don't leave your future to chance.
For more information regarding pre-nuptial agreements, cohabitation agreements and will writing services; contact Lindsey Canning on 0114 266 6660 or email [email protected].
