It is reported further to the highly publicised marriage of Coleen McLoughlin and Wayne Rooney that no prenuptial arrangement was prepared. It is well known that the couple have between them a substantial wealth. So is the proposition of a prenuptial agreement simply too unromantic, or is it simply not a conversation that couples want to have, before the wedding celebrations have even taken place?

Emma Hamilton Cole, Head of Family and Matrimonial Law at Coles Miller Solicitors says, “In practice, prenuptial agreements seem to be ever more popular amongst couples seeking to determine themselves how a distribution of assets should take place in the event of a divorce.”

It’s easy to see why they might want to avoid proceedings which can in some cases be extremely acrimonious and costly (see the Mills/McCartney proceedings, where again no prenuptial agreement was signed). Prenuptial agreements are not just for footballers or music legends either – they can have an equally valid and useful place in any marriage where the parties want to control the assets that they have individually, should the worst happen.

Its equally easy to understand why couples find it a difficult subject to discuss. However, Emma does say, “Prenuptial agreements do offer couples the chance to regulate the financial aspects of a divorce in a clear way, uncomplicated by the inevitable emotional and often practical difficulties experienced at the time of the separation itself. “

“For many couples the prospect of having some control over such a potentially difficult area is enough to prompt discussions about having an agreement prepared.” continues Emma, “Most people know of someone who has been through a difficult separation and have seen through their experience the difficulties that can present themselves, as well as the expense and strain of resolving matters, however amicably.”

In an age where we insure against all types of risk, its easy to see why many couples feel that if the worst should happen, they want to be able to control and predict the outcome. At the present time, the law in England and Wales has yet to formally recognise the standing of such agreements in statute but much case law now confirms that such agreements, where entered into in accordance with certain guidance (relating to timing, sharing of information and legal advice) can resolve financial matters without the need for other orders to be made. Emma concludes, “They can’t provide total and guaranteed protection but can minimise and limit the areas for negotiation or proceedings and will in many cases avoid the need for the parties to go to Court at all.”

For unmarried couples, a cohabitation agreement can serve to regulate finances and set out proposed arrangements in the event of a separation in a similar way, again these agreements provide certainty and help to avoid the need for proceedings in the event the relationship ends.


For more advice on Prenuptials or co-habitation agreements contact Emma Hamilton-Cole on 01202 694891 or email ehamiltoncole@coles-miller.co.uk