What is a pre-nuptial agreement, are pre-nups legal in the UK and what advice did Mel B give at the Spice Girls’ Manchester gig?
Pre-nuptial agreements allow couples to decide how they will split their assets if they get divorced
FOR some they are a necessary contract that needs to be drawn up and signed before tying the knot.
For others they are the most unromantic legal arrangements that see couples talk about what they would do if they split - before they have even walked down the aisle, but what is a pre-nup?
What is a pre-nuptial agreement?
A pre-nuptial agreement is a contract that a couple can sign before they get married.
The contract sets out how finances and other assets will be divided in the event of the relationship ending in divorce.
The contract will be drawn up after the couple has decided how their affairs should be handled if they split.
According to legal experts, it also avoids the couple facing nasty surprises in terms of their finances if they do decide to call it a day.
Why do some people sign a pre-nuptial agreement before marrying?
Anybody can sign a pre-nuptial agreement before they enter into marriage.
But in most cases they are sought by couples where one partner has substantially more wealth than the other.
Often the more wealthy partner will want to sign a pre-nup to protect their fortune in the event of the marriage ending in divorce.
At the same time, many couples don't sign pre-nups before making the trip down the aisle.
This is because they believe signing an agreement is like having a ready-made divorce settlement.
Are pre-nuptial agreements legal in the UK?
Currently, pre-nuptial agreements are not legally binding in the UK.
However, a judge is likely to take the contracts into account when overseeing a divorce case and uphold them.
But for the agreement to be upheld, judges have to be sure certain checks were put into place.
This includes that both partners received independent legal advice, that they both fully disclosed their assets and that neither of them was under duress to sign the agreement.
Judges are not likely to take into account agreements signed less than three weeks before the marriage or contracts where the division of assets is not fair or realistic.
What advice did Mel B give at the Spice Girls' Manchester gig?
Mel B warned a couple to "sign a prenup" after they got engaged on stage at the Spice Girls concert in Manchester.
Lee Christie popped the question to his partner Duane Watters on Friday.
Mel B's bitter divorce from Stephen Belafonte in 2017 left her broke.
"They are more popular in the United States—it’s just not a British thing."
From Eugenie's perspective, most of the Royal assets to gain such as Ivy Cottage in Kensington Palace where she and Jack live, is owned by the royal family itself anyway.
Jack wouldn't be able to gain from it if they split anyway, with it currently belonging to the Queen.
However, Eugenie is wealthy in her own right with reportedly £3.7million in private trust funds.
From Jack's perspective, he likely has a sizeable fortune given that he is the Brand Ambassador of Casamigos tequila, which was founded by George Clooney and he also owns a wine merchant business.
But he is joining the Royals and matters like money are probably settled behind closed doors.
And because pre-nups are also not legally binding in the UK, it would be irrelevant for the pair to sign one anyway.
How can I get a pre-nuptial agreement?
For couples thinking about getting a pre-nuptial agreement, they should first separately seek independent legal advice.
They should also think about how the agreement would change if they were to have children together.
Once an agreement is in place, a legal expert can draw up a contract.