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Christmas TV: The Split and Pre-Nuptial Agreements
Along with the decorations, presents, mince pies and chocolate, over indulgence on TV specials is part and parcel of the festive period for many of us. This year saw the final ever Gavin & Stacey topping the Christmas Day viewing figures, with the new Wallace & Gromit: Vengeance Most Fowl not too far behind.
Other highlights, at least in my house, were the start of the much anticipated new series of The Traitors, the celebrity special of Gladiators and the 2-part special of The Split: Barcelona.
My parents are from a medical background and I remember growing up watching Casualty on Saturday evenings and being equally impressed and annoyed at the ability of my parents to diagnose the illness before the on screen doctors, not to mention highlighting the flaws in the plot. I found myself doing the same when watching The Split; as Hannah Defoe (played expertly by Nicola Walker) agreed to take on Valentina as a client, I started shouting at the TV; “What about conflicts of interest? Client onboarding procedure? International jurisdiction?
Over 4 million of us tuned into watch the Defoe family travel to Barcelona for the wedding of Liv and Gael in a magnificent setting. Putting my synoecism to one side on the some of the implausible parts of the story line, one issue that I think it worth commenting on, was the theme around pre-nuptial agreements. I think the role of a “pre-nup” continues to be misunderstood, as highlighted the tv show.
Can you sign a Pre-Nup the day before your wedding?
We see terms of the pre-nup between Liv and Gael still being negotiated on the day before their wedding. Here in England, it is good practice to ensure that the pre-nup is agreed well in advance of the wedding day; at least 28 days before. If this is not adhered to, there are implications of duress and failing to consider the full implications of signing the agreement, leading to a conclusion by the court that the terms of the pre-nup are invalid.
Can a pre-nup written on a napkin be valid?
Alvaro and Valentina have been married for just shy of 30 years. Before their marriage they signed a pre-nuptial agreement that was written, by a newly qualified lawyer, on the back of a napkin. Without wishing to open up too big of a hole in The Split’s story line, this is problematic for the reasons including the following (at least as far as the law in England would be concerned):
How much weight does a pre-nup hold if it is signed when drunk?
The pre-nup signed by Alvaro and Valentina was done after a few drinks, in a restaurant (hence the napkin). For a contract to be valid, the parties need the capacity to understand what they were signing. Being drunk does not necessarily make the agreement void, but it would do so if they did not have capacity. The difficulty here could be providing evidence either way, of an event that happened 30 years prior.
Are you foolish for getting married without a pre-nup?
Nathan (played by Stephen Mangan) turns to Hannah, his ex-wife, and says that they were “foolish” for not getting a pre-nup and implied that everyone should get a pre-nup.
Despite Pre-Nuptial agreements still not being binding, they still play an important role in many divorces They can help provide parties with certainty and save a lot of acrimony and legal costs on a divorce and they are no longer just for the rich and famous. But that does not mean they are for everyone. If you’re planning on getting married, taking legal advice on the merits of a Pre-Nuptial Agreement in your particular circumstances is a wise decision, but this will not always result in being advised to put a Pre-Nuptial Agreement in place.
Even if divorce lawyers have to suspend their disbelief, The Spilt is well worth a watch!
If you have any questions about Pre-Nuptial Agreements, our Senior Associate Solicitor, Richard Buckley, would be happy to answer them. He can be contacted by email: Richard.Buckley@luptonfawcett.law.