Different Financial Starting Points Don’t Have to Mean Different Expectations

“We’re getting married, but financially we’re in very different positions.”

If one of you has substantially more property, savings or other assets, have you discussed what you both expect those differences to mean after marriage?

One person may already own property. One may have significantly greater savings or investments. There may be a business or family wealth to consider.

From my experience as a family lawyer, significant differences in financial circumstances can make it particularly important to understand each other’s expectations before marriage.

A pre-nuptial agreement provides a structured way of doing that.

What Can Be Included?

• Existing property

• Savings and investments

• Business interests

• Family wealth

• Income and future earnings

A pre-nuptial agreement can address assets you already own as well as income and future earnings. It will often consider the distinction between matrimonial and non-matrimonial property and record how you both intend different assets to be treated.

Why Does the Process Matter?

Both people should provide financial disclosure and obtain their own independent legal advice.

The agreement should also be discussed sufficiently early for both people to have time to consider the proposed arrangements properly.

In my experience, this is especially important where there is a significant difference between the parties’ financial positions.

The objective is to ensure that both people understand the financial arrangements they are entering into and have had the opportunity to obtain advice about them.

Are you preparing for marriage from different financial starting points? Elizabeth Stocker is a consultant solicitor specialising in family law and nuptial agreements. She can help you understand how a pre-nuptial agreement may apply to your circumstances and guide you through the process.

Family Law Through Life, Relationships & Change

Get in touch for a confidential discussion.