PRE-NUP agreements, once considered the curiosity of wealthy celebrities, have become increasingly popular in Wales, with Welsh law firm, Hutchinson Thomas, saying that enquiries which once came just twice a year, had recently sky rocketed to twice a week. Yet despite the increase, there remains some misconceptions about the agreements.
Pre-nups are drawn up before a marriage to set out what should happen if the partnership breaks down. As well as detailing financial affairs, they could also include plans of what should happen to children or a family pet.
The reason why these agreements have exploded in popularity isn’t entirely clear but is likely due to a number of factors which include the fact that people are getting married later in life giving them more time to acquire wealth; an increase in the number of second marriages where, again, partners have acquired increased wealth, and perhaps more realistic expectations that not all marriages end happily ever after.
Most recently the royal wedding of Prince Harry and Meghan Markle has also shone a spotlight on pre-nups, but rather on the fact that the couple will not be signing one, reportedly due to Prince Harry’s determination that the marriage would last.
However, head of litigation, Robert Williams at Neath and SA1 based law firm, Hutchinson Thomas, believes that there is a certain romance to those couples that do draw up a pre-nup agreement. He says:
“My experience is that couples who have the courage to face up to the reality that their marriage could break down one day, rarely find themselves in a situation where the agreement sees the light of day.”
Williams also warns that there are still misunderstandings about the practical realities of pre-nup agreements, with many believing that the intention stated in the contract is set in stone.
“Pre-nup agreements are what we call documents of magnetic importance, being that they should stick. They cannot oust the divorce court – a settlement has to be fair, regardless of whether or not there is a pre-nup agreement. You couldn’t for example say that if your marriage broke down, all one party would be allocated was the airfare home. Intervening events such as having children, catastrophic illness or losing livelihood could all play a factor in whether or not the agreement was upheld.
“It must also be something that both parties sign up to with their own free will. If there isn’t such proof in court, the agreement can be overturned with claims that one party was forced into it.
“And although it should go without saying, complete honesty is necessary when detailing assets for any pre-nup agreement. Forgetting to mention a million pound fund in the Cayman Islands will only come back to bite you.”
Due to the rarity of pre-nup agreements decades ago, they came with a high price tag of several thousand pounds. Now that the novelty is wearing off, they are more accessible and average around £1,500. There are even ways to secure a pre-nup agreement at home online, yet this is not something that Williams advises.
“You can do this, but then again at one time you would do your own dentistry. It’s not something I would advise. If you are going to the care of ensuring piece of mind through a pre-nup agreement, it is far better to do so with each individual having had independent financial and legal advice.
“Allow due time to complete the process – it shouldn’t be a rushed affair a few weeks before going down the aisle. It’s also worth being aware that these agreements can be revisited and, with mutual consent, amended after the wedding day.
“Finally, I’d remind those about to get married that any will they hold will become invalid after the ceremony. However, it is possible to get this matter resolved before the big day. To mirror the intention set out in any pre-nup agreement, we advise couples to make a will in contemplation of their marriage – this document will stand the test of time should it unfortunately be needed.”
The Range’s Swansea Store Shortlisted for ‘Best Christmas Display’
Christmas has arrived early for The Range stores in Wales, boasting gigantic displays of all-things festive! The Range is well known for going all out during the Christmas season to create a fun and magical experience full of trees, lights, decorations and much more for their customers to enjoy and this year is no exception. The Range in Swansea surpassed expectations with a display so great, it’s left them shortlisted for ‘Best Christmas Display’ out of all The Range’s 182 stores.
Local coronavirus restrictions imposed to control outbreaks in South Wales
Coronavirus laws are being tightened in four more Welsh authorities – Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport – following a sharp rise in cases, Health Minister Vaughan Gething today announced.
The new measures will come into force at 6pm on Tuesday 22 September 2020, to protect people’s health and control the spread of the virus in the four local authority areas.
The new restrictions will apply to everyone living in Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport:
People will not be allowed to enter or leave these areas without a reasonable excuse, such as travel for work or education;
People will only be able to meet people they don’t live with outdoors for the time being. They will not be able to form, or be in, extended households;
All licensed premises will have to close at 11pm;
Everyone over 11 will be required to wear face coverings in indoor public areas – as is the case across Wales.
From 6pm on Tuesday 22 September, the requirement for all licensed premises to close at 11pm will also be extended to Caerphilly borough.
Health Minister, Vaughan Gething, said:
“Following the decision to place additional coronavirus restrictions in place in Caerphilly and Rhondda Cynon Taf, we have seen a worrying and rapid rise in cases in four other south Wales council areas – Blaenau Gwent, Bridgend, Merthyr Tydfil and Newport.
“In many cases, this is linked to people socialising indoors without social distancing. We are seeing evidence of coronavirus spreading. We need to take action to control and, ultimately, reduce its spread and protect people’s health.
“It’s always a difficult decision to introduce restrictions but coronavirus has not gone away – it is still circulating in communities across Wales and, as we are seeing in parts of South Wales, small clusters can quickly cause real issues in local communities.
“We need everyone’s help to bring coronavirus under control. We need everyone to pull together and to follow the measures which are there to protect you and your loved ones.”
The restrictions are being introduced following a rapid increase in the number of confirmed cases in coronavirus, which have been linked to people meeting indoors, not following social distancing guidelines and returning from summer holidays overseas.
The Welsh Government will call an urgent meeting of all local authority, health board and police forces from Bridgend to the English border tomorrow to discuss the wider situation in South Wales and whether further measures are needed across the region to protect people’s health.
The new local restrictions measures will be kept under regular review. They will be enforced by local authorities and by the police.
Keep Wales safe by:
Always keeping your distance
Washing your hands regularly
Working from home wherever you can
Following any local restrictions
Following the rules about meeting people
Staying at home if you or anyone in your extended household has symptoms.
Welsh legislation will restrict those travelling from hotspot areas
MARK Drakeford, First Minister of Wales, has today announced legislation which will restrict those coming from coronavirus hotspot’s from travelling to Wales.
The Prime Minister, Boris Johnson has refused to impose rules which prohibit those from areas where the infection rate is high from entering low virus rate areas’s.
Mr Drakeford has made two requests to the Prime Minister requesting to impose rules which will mean those from high virus areas in England be prohibited from travelling to Wales, a request which has been denied by Mr Johnson.
The powers set by Mr Drakeford will come into force by the end of the week, unless Boris Johnson takes action sooner.
Speaking at the Plenary today, Mr Drakeford made the announcement, stating if Mr Johnson does not reply to his request by Friday then The Welsh Government will bring in legislation to restrict travel from those in English lockdown areas travelling to Wales.
Mr Drakeford said this was not a case of all those from England being restricted travel to Wales, just hotspot areas.
He said: “Evidence from public health professionals suggests coronavirus is moving from east to west across the UK and across Wales. As a general rule, it is concentrating in urban areas and then spreading to more sparsely populated areas as a result of people travelling.
“Much of Wales in now subject to local restriction measures because levels of the virus have risen and people living in those areas are not able to travel beyond their county boundary without a reasonable excuse. This is designed to prevent the spread of infection within Wales and to other areas of the UK.
“We are preparing to take this action to prevent people who live in areas where there are higher Covid infection rates across the UK from travelling to Wales and bringing the virus with them.
“I am determined to keep Wales safe.”
The legislation, which is understood to come into force Friday, October 16 at 6pm, will mean those travelling to Wales from areas of England which are classed as virus hotspot’s will be restricted.
The new legislation also restricts those travelling into Wales from high virus prevalence areas from Northern Ireland and Scotland.
The Leader of the Opposition in the Welsh Parliament – Paul Davies MS – has rounded on the First Minister over a ban on people entering Wales from England, and the Labour Party’s inability or unwillingness to publish comprehensive data proving that transmission rates are accelerating due to travel.
Mr Davies took the First Minister to task during Plenary today (October 14), and referred to a statement made by the leader of the Labour Party on September 23 when he said that the Welsh Government was not seeing any spikes at all in infection due to travel and tourism.
Mr Davies said that the people of Wales deserve to have sight of the data that underpins the Welsh Labour-led Government’s position on this matter, so that they can be confident that the Government’s actions are proportionate to the threat of the virus in their area.
Mr Davies also referred to a paper that accompanied the First Minister’s letter to the Prime Minister yesterday, a paper – that was not peer-reviewed – that confirms the data “…does not constitute definitive proof” in favour of a travel ban.
Mr Davies said: “The First Minister and his Government have acted rashly and without examining a range of other factors before a conclusion on whether to impose a travel ban or not is reached, while at the same time seemingly ignoring the fact that transmission rates in relation to travel had already peaked in August and September.
“It is incumbent on the First Minister to explain just why he has chosen to act in this way, and what supporting evidence he and his Ministers have seen to justify a ban and then publish it so it can be properly scrutinised.
“If he cannot or will not, then he must review and rescind this ban immediately.”
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