From pods to pre-nups: the legal implications of Love is Blind nuptials

Would you agree to marry someone you had never seen without first entering into a pre-nup? Love is Blind: UK provides the perfect springboard for us to address some of the misconceptions about pre-nuptial agreements.

• 30 contestants seeking true love
• 6 engagements
• 3 marriages 
• 1 aired discussion about protecting wealth prior to marriage

If you tuned in to watch the latest season of Love is Blind: UK over the last couple of months, the above statistics may be familiar to you.

For the uninitiated, Love is Blind: UK is a reality show in which contestants date, propose if there is a connection and agree to marry, all before setting eyes on each other. Dating occurs in "pods" where contestants talk to each other through a wall using speakers. The couples discuss any topic they wish (apart from disclosing what they look like) to try to ascertain if they want to spend the rest of their lives together. Only once a proposal has been made and accepted do they first see each other. The couples then move in together and plan their nuptials. At this stage they get a glimpse of 'real life' with each other – cue the disagreements over who is the messiest or spends too long staring at their phone. At their wedding, the couples decide whether to say "I do" to the person they agreed to marry sight unseen.

During the wedding planning stage, one couple sparked controversy when groom-to-be Freddie declared to his fiancée Catherine that he wished to put something in place to ensure his assets went to a family member. Given that we only saw a carefully edited tape, it was unclear whether Freddie was referring to a pre-nup or a will with this statement. There followed a further clip in which Catherine's friends aired their opinions on pre-nups.

As unromantic a conversation as this may seem during the throes of wedding planning, it is extremely important to have financial transparency in a relationship. These discussions, however daunting, may avoid disagreements (and legal fees) further down the line.

What is a pre-nuptial agreement?

A pre-nuptial agreement is a legal document entered into by parties prior to getting married. Most Scottish pre-nuptial agreements set out those assets (and any assets deriving from them) which will or will not form part of the matrimonial property for division should the marriage break down. A party does not require to have a certain amount of wealth prior to entering into a pre-nup.

Scope, limitations and validity of a pre-nup

When a couple separate, the matrimonial property requires to be divided between the parties. Under Scots Law, each party is entitled to a "fair" share of the matrimonial property. To ascertain the extent of the matrimonial property, all assets and debts acquired or accumulated during the marriage must be considered. There are limitations as to what constitutes matrimonial property. For example, assets which are gifted or inherited from a third party do not fall within this definition.

Where a non-matrimonial asset changes form during a marriage, it may be "converted" into matrimonial property. The terms of most pre-nups seek to protect assets in these circumstances. A pre-nup can also set out what is to happen to jointly owned assets in the event of a separation.

Whilst pre-nups have not been fully tested in the Scottish courts, it is generally accepted that if a pre-nup has been properly drafted and meets certain requirements when being entered into, then it will be upheld.

Misconceptions

There is a common misconception that entering into a pre-nup is setting the marriage up for failure before you have even walked down the aisle. The horrified reactions of Catherine's friends clearly displayed how widespread this view is, with one friend terming a pre-nup "a bit controlling". However, being able to have open and honest conversations regarding finances with your partner paves the way for a healthy relationship.

If you would like to discuss putting a pre or post nuptial agreement in place Brodies family lawyers can assist. For more information, please get in touch.