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Published on: 3/29/2007
Last Visited: 3/29/2007
"If they are made legally binding and I think to be honest that's inevitable within the decade, meetings with a solicitor prior to marriage could become as commonplace as those with a vicar," says Alison Straw, head of family law at Irwin Mitchell in Leeds.
"It's not necessarily a bad thing as couples will be entering into the marriage fully informed of how money and property will be split should the unfortunate happen and they divorce.Like with any other type of contract, they will be bound by the terms of the prenuptial - except in exceptional circumstances."
Prenuptial agreements can already be drawn up in this country, but UK courts are not currently bound to recognise them.However, with the UK making more steps to align itself with the rest of the European Union - which celebrated its 50th birthday last Sunday - Straw believes that it is only a matter of time before the Government takes the decision to fall in line with other countries in Europe, including France, the Netherlands, Germany, Sweden and Spain, who already authorise their use.
"Prenuptial agreements can not only save heartache and bitter rows in court over who has what among a couple, but on a larger scale, it is in the interests of the Government as it keeps more litigation out of court," she says.
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"From the clients I have seen over the years there are many people who don't want a common sharing of assets, and following a divorce, a large proportion can be put off remarrying because they feel wary about it happening again," says Straw.