Branson’s support for pre-nups sparks debate

One of the UK’s highest profile business men has endorsed the use of pre-nuptial agreements for married couples, sparking debate in the national press.

Writing in his blog this week, Richard Branson commented: “We all sign contracts when making a commitment to enter into business, employment, and even internet access, so why not for something as serious as marriage?”

South West law firm Stephens Scown LLP, which has one of the leading family law practices in the region, has seen an increase in enquiries for pre and post nuptial agreements.

Andrew Barton, partner in the family law team at Stephens Scown in Exeter agrees with Richard Branson, that a pre-nup is a sensible move, commenting: “Pre or post nuptial agreements allow couples to agree what will happen if they split up. Agreements can cover everything from finances to arrangements for children. My experience is that having such agreements in place does not make a relationship breakdown more likely, but it does ensure that if it should happen the separation is much less stressful and costly.

“We are seeing an increase in the numbers of people putting pre or post nuptial agreements in place. Often they are used when one party has more wealth or property than the other, but it is increasingly useful for farming families or families with other kinds of businesses. Knowing that the farm or business will stay in the family after a divorce can be very reassuring.”

Agreements can be drafted before or after marriage, and since a landmark Supreme Court ruling in 2010 are respected by the courts. However, it is important that the agreement is freely entered into and that both parties are advised by independent specialist solicitors. The agreement must also beet the needs of both spouses and any children.

Stephens Scown has over 40 partners and 260 staff across its offices in Exeter, Truro and St Austell. For more information visit www.stephens-scown.co.uk