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Reports have indicated that prenuptial agreements – which are prepared before a couple marry and determine how their assets will be divided in the event of a divorce – may soon become legally binding. Should a couple form such an agreement before marrying then it is, of course, significantly less likely that they will need to engage in litigation in the event of a divorce as a legally binding document will exist that negates the need for a judge to determine who would get what. This does not mean that it is absolutely certain that there will be no need for a court appearance, however; such agreements can and have been challenged in countries where they are recognised and it is fair to say that the same will happen here in the UK. Common arguments that are put forward in order to challenge such agreements include parties claiming that they were made to sign under duress, that they did not understand what they were signing and that they did not seek legal advice before signing. Should such agreements be made binding in the UK (which is likely) then many people will find themselves wondering whether they may need one. The benefits of having such an agreement in place are obvious, yes, but the drawbacks are also apparent: could any couple that has or feels that they need such an agreement truly trust one another? At first glance, this may seem like something of a harsh assessment and, true, it is in no way reasonable to conclude that all couples that have a prenuptial agreement are certain to be suspicious of one another’s intentions. It is indeed feasible that these agreements provide sensible resolution in so much as they will outline an agreement that was formed by both spouses when they were lucid, dispassionate (in terms of dividing assets, at least) and, as a devoted couple, dedicated to ensuring that the agreement is fair and, as far as it is possible, in both of their best interests. Still, the possibility of at least one spouse being offended should one request that such an agreement be produced is palpable as is the need to question whether it is wise to marry someone if you feel the need to obtain such an agreement beforehand. Again, though, it is necessary to defend those that would request such an agreement – many of us find it difficult to trust others and this is a feeling that is only likely to be exacerbated by the presence of wealth. Yes, it is fair to state that spouses should trust their significant others, but any suggestion that they should also support one another’s wishes (particularly if they provide peace of mind) is equally valid. The need to form a pre or postnuptial agreement is often likely to be something of a thorny issue. One with both plusses and minuses; advantages and disadvantages, but whether the pros outweigh the cons is dependent entirely on the individuals involved and, ultimately, whether they prioritise pragmatism or romance. What do you think of prenuptial agreements? Share your opinion by leaving a comment.