 Pre-Nuptial Agreements on the Rise as Parents Seek to Protect Family Fortune
 Lyn Ellins Increasing numbers of parents are questioning their children's choice of life-partner and insisting their children sign pre-nuptial agreements.
Lyn Ellins, a specialist family lawyer at Charles Lucas & Marshall, says the trend is partly due to more parents helping newly-weds with the purchase of their first home by paying some or part of the deposit.
"With houses prices in the south east being what they are and divorce rates still high, parents want to protect their hard-earned wealth and their children's interests," she said.
"One way of doing this is through pre-nuptial agreements which are now beginning to be taken more seriously in divorce courts."
Lyn Ellins said it tended to be clients whose daughters were getting married who were more likely to insist on pre-nuptial agreements. With more parents helping children set up home, the stakes in divorce are now higher than ever.
"Many parents are simply being realistic," she said. "If they are stumping up for the deposit on a house they want some kind of insurance that they will get their money back should the marriage fail.
"They do not like the fact that someone from outside their immediate family may benefit from their savings – and then potentially walk away."
At the same time, the firm has seen a rise among higher-net worth earners, seeking advice on how pre-nuptial agreements can protect the family fortune.
"It is not a subject that is easy to discuss," says Lyn Ellins. "While brides are not being frogmarched into my office, I am aware it can cause hostility within families and parents can be resented for exercising this level of control.
"However, there is greater realism about these days and if the agreement is handled properly, it can help to avoid a lot of acrimony further down the line."
For more information contact Lyn Ellins on 01793 511055 or lyn.ellins@clmlaw.co.uk
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