After the Grey Pound and the Silver Surfer there are now “Silver Nups”. In later marriages prospective husbands and wives are now considering how to protect the children of earlier marriages.
There has always been the danger of a new spouse and stepchildren being favoured by the vagaries of sudden death without a Will or a Will made under pressure in favour of a later spouse.
The answer that now appears to be emerging is that before even entering into the marriage the parties sign a prenuptial agreement with a difference. Instead of just regulating their affairs during life it is now being seen as increasingly favourable for parties to consider the eventuality of death and to ring fence their intention to ensure previous children inherit. As statistics show that there is a surge of divorces amongst the over 60’s it is not before time that an ultimate pre-nup for seniors is taken seriously and entering into the legal landscape.
If you're in any doubt about how to deal with such Pre-Nups and also with Wills then please contact Paul Brinkley in the Family Department and Lauran Porter in the Probate Department respectively.