Should pre-nups be encouraged?

A question about : Should pre-nups be encouraged?

Poll started 11 Mar 2014

A pre-nuptial agreement is a contract signed by couples before they tie the knot, outlining how financial assets should be split if the relationship breaks down. Currently, they're not legally binding, but the Law Commission thinks they should be.

Supporters argue they give clarity from the outset, and make it easier for couples to manage their affairs following a break-up. Opponents say it goes against the idea of marriage, adds expense and can leave the poorer partner under pressure to agree.

Should pre-nups be encouraged? Which of the options in this week's poll is closest to your view?

Vote in this week's poll

Did you vote? Why did you pick that option? Are you surprised at the results so far? Have your say below. To see the results from last time, click this

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Best answers:

• What about people in a relationship who are NOT married?
  This is me and I had to vote as a single woman although I am very much not single (or married).
• Sadly (having worked for 13 years @ CSA ) family break ups never ever happen nicely. One always seems to walk away better off, usually with the kids/house/bank accounts. Pre nups would stop some from looking on their partners as targets (it does happen) when things go sour. There needs to be prioritised protection for children (CSA does not work for all, if at all) first and then the pre nup can be enforced on a sliding % depending on how long you'd stayed married. It would be unfair to hit a pre nup on someone who'd been married for say 25/30 years. Anything under 5 years warrants a pre nup being valid.
  Look how calculating Tom Cruise was with Nicole Kidman - he got out just before Calif. 10 yr rule was about to hit in their marriage because he had a pre-nup. Some people are just sh*ts, pre-up or no pre-nup!
• Are you not classed as a couple in most areas? - even though there are no legal documents.
  You're a couple as far as the benefit system is considered, you'd be classed as living together as man and wife.For the purposes of means-tested benefit entitlement, cohabiting couples are treated as if they are
  married. As such they are expected to pool their financial resources and share financial responsibility for the household. This is the Living Together rule, known historically as 'the cohabitation rule'
  Sucks but there you go
• The solution - make it compulsary in a marriage contract. That way there will be less court cases by the likes of Heather Mills etc...
• Wish I'd had a prenup.
  My husband used to joke that
  What's yours is mine; and what's mine is my own.
  Wasn't til we got to the divorce courts that I found out he wasn't kidding.
  A prenup might have discouraged him from marrying me.
• Good response so far - 825 already. Whilst I agree a pre-nup is a good idea I still think the courts should have the right to exercise discretion as you never know what circumstances may emerge during the course of the marriage.
  I think it should be illegal for women to marry less wealthy men, but that's just my own opinion
• Personally I would say if you think a pre nup is essential before getting married that you are not marrying the right person.
  So many people rush into a relationship, move in together and marry and then realise they've made a big mistake.
  Take time, don't rush. That way you won't lose everything you've worked hard for.
  A friend of mine, many years ago, moved into her boyfriends flat after he asked her too. She paid half of everything, when he needed the annual maintainance to be paid, she sold her car to pay it! Yes she was this daft. Not long after he said he wanted to split up and told her to move out IMMEDIATELY!! She had no where to go and no money to pay the deposit on her own place, he waited 3 weeks and then packed all her belongings and took them to her sisters flat (who didn't have a spare room) and he changed the locks - whilst she was at work.
  She decided in view of everything to go to a solicitor who then told her as they weren't married she wasn't entitled to anything in law but she might be able to get something as she'd contributed so much, she ended up with him paying Ј1500 which after she'd paid the sol's fees she was left with about Ј150, so she said it wasn't worth it.
  So learn from this, pay only towards extras - like food as you don't get anything back if you split up.
  He sold the flat for a big profit when he wanted to buy a house with his new girlfriend!
• In favour of prenups, but with court's discretion in special circumstances, e.g. if one is abusive/has an affair etc. it should be taken into account.
• Interesting that the singles and second marrieds think it's a great idea and those on their first marriage don't.
  They'll learn.
• I'm conflicted between believing that a couple willing to sign a pre-nup should be allowed to do so and expected to follow it and disliking the idea that people are getting married when they are that worried about the partner or not willing to share their money. Went with undecided in the end, though I probably lean towards allowing pre-nups with some restrictions.
• I think the issue of whether a pre-nup is appropriate depends on the circumstances of the marriage- if you marry young, then it's likely that any financial assets will be built up together. If you marry later in life, you will each have built up your own assets, you may have dependents, and so you've more to lose (at least financially) if things go wrong.
  I don't really see it as any different from any other kind of insurance. You hope for the best, plan for the worst. If you never need it, then that's great - you've wasted a few hundred pounds and spent some time discussing attitudes towards money, and financial issues in your marriage. If you do need it, then you potentially sae Ј1,000s,and huge amounts of stress..