Reality TV shows have a knack for putting love under the microscope, and few do so as intensely as Netflix’s “Love is Blind”, a show where participants may agree to marry someone without ever having seen their spouse-to-be.
The show hit the headlines when dental nurse, Catherine, revealed to her friends that her fiancé, funeral director, Freddie, wanted a prenup. However, viewers were not privy to any conversation between the couple about this, only seeing a scene in which Freddie expressed his wishes for Catherine to maybe sign something to say that if he were to die, his sister would inherit his assets.
So, did Freddie want a prenup or was he talking about making a will and what would either mean to his potential future spouse?
Legal Status Upon Marriage
Upon a marriage your spouse obtains an automatic legal interest in your assets, both in life and upon death. However, some people choose to clearly define the limit of these claims by making a prenuptial agreement and/or a will.
What Is a Prenuptial Agreement?
A prenuptial agreement, also known as a prenup, is a contract entered into by a couple before marriage. This document typically outlines how assets and debts will be divided in the event of a divorce.
The hope is that the prenup will protect both parties’ interests on a potential divorce and provide clarity during a potentially tumultuous time in the future.
Currently, prenuptial agreements are not legally binding. However, if the agreement was entered into voluntarily and both parties fully understood its implications, a court is likely to uphold it in the event of a divorce. On the other hand, if the agreement is found to be unfair or if the parties were not fully informed of its consequences, the court may choose not to enforce it.
Features of a Prenup
When talking about a prenup, Catherine’s friends were concerned about the future, if she signed a prenup. They believed that, if the couple stayed together for 20 years, had children and then separated, she would be left with nothing and that the agreement could not be changed once entered.
The following should be noted:
- A prenup would only be followed if “fair” and this is dependent upon the facts of the case. However, an agreement entered into to protect pre-acquired wealth is not unfair and on that basis, Freddie seeking to protect assets from before he met Catherine is not legally “unfair”.
- A prenup is by its nature an agreement and so if one person does not want to enter into it, they do not have to. Of course, no one can make someone sign a document, as much as they cannot make them get married. It should be noted that, if one person has said they will not marry the other unless they sign a prenup, then this does not in itself imply undue pressure. It is a decision for Catherine whether or not she goes ahead with the marriage if she is not comfortable in signing a prenup, but Freddie would not be seen to be putting her under undue pressure by asking for one.
- A prenup can (and most often should) be changed once entered into. The standard prenup will contain a review clause that will set out the occasions when a prenup should be assessed and amendments to it considered. In most prenups, it will stipulate that the agreement should be reviewed and amendments considered upon the birth or adoption of a child and every few years after that.
- Prenups can include clauses that automatically trigger reviews at specific milestones. For example, certain financial provisions may take effect upon the birth or adoption of a child, after a specified number of years of marriage, or when financial benefits increase after a certain period.
- Although a prenup is not drawn up to deal with assets on death, it is typical to mention provision on death in a prenup and the making of wills.
If Catherine and Freddie did marry, having entered into a prenup, which they then did not review over the next 20 years, maybe having had children in that time and then they separated, then the chances are less likely that that prenup from 20 years ago would be followed. However, if they have reviewed and amended the document as needed, then it is likely it would be followed if they were to separate.
What is a Will?
A will is a document that sets out how your assets are to be divided upon your death.
If you do not make a will, then your assets on death will pass in accordance with the Intestacy Rules and if you are married at the time of your death, a spouse will be the first person in line to inherit from you. However, you can make a will to stipulate otherwise, from what we saw on the show, this appears to be what Freddie was considering.
Features of a Will
A will can be changed at any time by the person who made it, as long as they are still mentally capable. Changes to a will can be made by adding a codicil, a separate document that alters specific provisions in the original will. The codicil must be signed and witnessed in the same manner as the original will. If significant changes are needed, it may be more practical to create a new will entirely, explicitly revoking the previous one. It’s important to ensure that any changes are legally valid to avoid potential disputes after death.
So, if after a year or two, Freddie and Catherine were still happily married, he could easily change his will and write her into it.
Having a will is crucial for every adult, as it ensures that your wishes are honoured and your loved ones are taken care of after you pass away. A will provides clarity, reduces the risk of disputes among family members, and allows you to appoint guardians for any minor children. It also enables you to make specific gifts to loved ones or charities, ensuring that your legacy is handled exactly as you intend.
It should be noted that a marriage invalidates a will made previously, unless the previous will was made “in contemplation of marriage”. So, if you are getting married, you should always review your will and consider if you will need amend it or make a new one. Also, excluding a spouse from a will could potentially lead to them making a claim against the estate.
What Did Freddie Want?
So, was it a prenup or a will that Freddie wanted? In short, we don’t know, but given the circumstances of their relationship, both would be a good idea for Catherine and Freddie. Whether Freddie was referring to a prenuptial agreement or a will, both legal documents serve distinct but important purposes in protecting an individual’s assets and ensuring clarity in the future. For Catherine, understanding the implications of each and making informed decisions would be key to safeguarding her interests, whether she is preparing for marriage or planning for the future. Ultimately, clear communication and legal guidance are essential in navigating these complex matters to ensure both partners feel secure and respected in their relationship.
Explore Your Options
If you’re considering a prenuptial agreement or want to explore your options, reach out to our experienced Family Law department today on 01244 312306. Our team will guide you through every detail, ensuring you have the perfect agreement in place so that on your wedding day, the only thing on your mind is the weather.
If you want to make or change a will, our Wills and Probate are on hand to help, they can take you through all the options and make the process stress-free for you, giving you the peace of mind that, should the worst happen, your family know what you want. Contact us today on 01244 312306.
(Cover image credit: Courtesy of Netflix)
