Prenups becoming regular part of marriage preparations
Less romantic younger couples, cautious older people entering second marriages, and the safeguarding of generational wealth are fuelling a rise in prenuptial agreements, lawyers have said.
Although once more likely to be associated with the rich or famous, the pacts — often seen as a marriage insurance policy — are reportedly becoming a regular fixture in partnerships on the island.
Prenuptial agreements outline the division of assets and any childcare arrangements, among other conditions, in the event of separation.
Jonathan Casey, a family and matrimonial lawyer at Conyers, told The Royal Gazette last week that both Bermudians and expatriate couples had been seeking prenuptial agreements.
He has received inquiries from younger and older couples.
Mr Casey added: “The older couples are sometimes planning on entering into their second marriage or even third marriage.”
An agreement can “save them both time and legal costs” in the long run, the lawyer said.
Mr Casey explained: “More people are entering into prenuptial agreements because they are attracted to what an agreement can do, which is to outline a division of assets and financial responsibilities in the event of divorce.”
He said since some people may have had experiences with the divorce process “they sometimes want advice on a prenuptial agreement to try and avoid difficult and costly financial proceedings in the event their next marriage unfortunately breaks down”.
Although not necessarily automatically binding, Mr Casey said prenuptial agreements offered couples “a valuable tool for establishing financial arrangements and protecting their assets in case of a relationship breakdown”.
He said a well-drafted and fair prenuptial agreement entered into by partners with full disclosure and legal advice could carry significant weight in court proceedings.
Mr Casey added that a postnuptial agreement, signed by both parties after marriage or civil partnership, can also hold up in the courts.
In an opinion piece published in The Royal Gazette on Thursday, Alma Dismont, a lawyer at Marshall Diel & Myers, said the law firm had also seen growing interest in prenuptial agreements.
She wrote that “barely a week goes by without a couple coming through the door asking for a prenup, as they are becoming a staple part of the marriage process for many Bermudian couples”.
Ms Dismont said that one reason behind the growing interest was a desire by both individuals and families to protect trusts and generational wealth.
She added: “Couples want to live their lives together but keep whatever assets they had before the marriage protected, should the relationship end.”
Ms Dismont said younger couples had become “less squeamish” about signing prenuptial agreements compared with earlier generations.
She added: “Younger people appear to be becoming less romantically minded and more practical.
“They realise not every marriage lasts and so they understand assets should not be split down the middle if one brings more wealth to the marriage than the other.”
Ms Dismont believed that the “stigma” attached to prenuptial agreements has receded and more young couples were willing to sign them before tying the knot.
She said: “It is no longer just the preserve of celebrity marriages; it is becoming the norm.”
Ms Dismont said any decision on a prenuptial agreement was at the discretion of the court and that discretion usually took effect when one party challenged the agreement.
Mr Casey shared a similar view last October when he wrote about the topic in the Gazette.
He added then: “To ensure that a nuptial agreement carries as much weight as possible, it must be entered into freely by both parties after they have received independent legal advice.”