Eleri Jones - Relationships in the Festive Period

According to Bridebook.com in the UK, Christmas Day is by far the most popular day to get engaged. Their UK Wedding Report uncovered that a quarter (26%) of couples get engaged in December, and out of all the couples who married in 2022, the top four most popular dates they got engaged were Christmas Day 2021, 2020, 2019 and 2018.

For some couples who are thinking about popping the question, it is may be worth considering pre-nuptial agreements. They are not there to take away the romance, but to make things transparent before embarking on a marriage, especially when the parties may arrive in the relationship with considerable assets.

Here’s a few facts about pre-nuptial agreements:

• They are now recognised under English and Welsh law as long as they have been drafted fully and correctly.

• Both parties need to have received independent legal advice at the time of drafting and signing.

• The document needs to have been drafted and signed with enough time for consideration ahead of the marriage, to ensure that no party feels pressure to sign the same.

• Full disclosure of all assets owned at the time of drafting and signing is required.

• It is also possible to enter into a post-nuptial agreement which has the same validity as a pre-nuptial agreement and has the same drafting and signing requirements, apart from it being drafted following the wedding.

The festive season can be the last straw for some couples, and it leaves them with just one choice – to file for divorce and start the New Year afresh. With the changes in Divorce law in April 2022, which now means no one needs to apportion blame, there is now the potential for an increase in divorces.

The first Monday of the year is often referred to as Divorce Day in the legal profession. Obviously iIt is not just that Monday, in fact the whole month of January is significantly busier across a number of areas for me, including advice around divorce and children issues.

Here’s a few points of advice if divorce may be on the cards in the New Year to consider:

• If you have been separated for some time but just haven’t got round to the finalising of the marriage legally, it may be in your interests to do so sooner rather than later.

• The financial claim remains live even after separation until a final order is obtained to finalise the financial agreement and prevent any future claims.

• Both parties have a legal duty to provide full disclosure to the other when dealing with financial matters alongside a divorce.

• If a party is in a new cohabiting relationship, they must disclose their new cohabiting partner’s assets and income as part of the disclosure process.

• - It is therefore best to legally divorce and deal with financial matters alongside a divorce before cohabiting to ensure an amicable separation.

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