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With all my worldly goods I thee endow ….except the schedule

With all my worldly goods I thee endow ….except the schedule might be the legalistic update to the marriage vow if you are a realist according to Cheshire divorce law solicitors Stonehewer Moss. The fact you bring worldly goods to the marriage and freely give them is part of the wedding ceremony but the way we live now, not least the age we live to and multi faceted nature of the average life, suggests inherent unfairness in blindly handing over half of your hard earned worth with the statistics for divorce telling you the odds are fairly high that you might be sat in a divorce court in the future. Common sense for a modern person might suggest to you that “any court in the land” would see your point of view and let you keep what you brought in to the marriage, but the reality is different. Accredited solicitor at Stonehewer Moss, Michael Brennan, explains:-

“The Court applies the law, not common sense. Most English law is rooted in concepts from common law, including reasonableness and foreseeability, but divorce law dealing with money was set down by a 1973 statute. I was 4 at the time, my late mother was a housewife and my late father was the breadwinner. The mortgage was probably just in his name as wives did not count. Mum looked after the children and made Dad his tea. Society has changed but the statute is more or less the same. Today there is a debate about the fact the Supreme Court consists of 10 white men and one woman. The argument is that the higher judiciary is out of touch with society. If you are in court about divorce you might feel baffled that your pre marriage worth is sacrificed to a concept called needs, when you entered the marriage committed to equality of life opportunity and believing your spouse could equally well stand up on his or her own two feet as  you can. In some senses it is not just the court buildings that date back to the 60s and 70s; you run the risk that out dated attitudes will be applied to your marriage.

Fortunately, the  Supreme Court has approved pre nups unless the circumstances at divorce suggest they should not be applied. Individuals entering a pre nup are assumed to be adults and treated as such. Although it is essential the pre nup should be fair, it is your best chance if you must marry to ensure non matrimonial property, that is the worth you bring to the marriage your spouse has not contributed towards, should be retained by you if you divorce. Needs still must be met but your intended spouse can acknowledge by signing the pre nup that it is your equal efforts in the marriage that are to be shared, not what you and your family had beforehand.

A pre nup needs to follow certain guidelines to have a chance of being applied, high among them being the need to ensure it is a considered and fair process rather than a last minute ultimatum. There is no avoiding the use of lawyers and cutting corners will only weaken the agreement. With all my worldly goods I thee endow ….except the schedule hereto drawn by my solicitor and approved by yours to which we have each set our hands, may not be romantic, but nor is a county court on a wet Friday afternoon if you fail to be sensible.”

With all my worldly goods I thee endow ….except the schedule attached to our pre nup, we agree is fair, is surely worth getting advice upon at least.

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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Solicitors in Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

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