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The Friday Fight-Out: Prenup Vs Even Split

Well it’s Friday Fight-Out once again and a particularly special one as I can only imagine it will be my last. Don’t worry, we’ll still be bringing you our weekly Friday Fight-out posts, but as I plan on winning the triple rollover on Saturday I’m thinking I’ll probably hire a crack team of lawyers to argue with Dom, I fancy the peaceful life!

Before they get here though we thought we’d work out whether or not we should have a prenuptial agreement in place. For anyone unfamiliar with the Prenup it’s basically a legal document drawn up before the marriage stating how your assets will be divided in the event of separation or bereavement. For example if Dom and I were to sadly split up in the future, who would get the car? Ok bad example, our current car is in danger of splitting in half anyway so that might be a relatively easy division! But if Dom runs off and leaves me to mope around the house then let’s face it, I need to make sure I’m still going to have my PS3 to see me through! Is a prenup really necessary though?

I smell a fight… hopefully not too big a fight though as we definitely don’t have a pre-prenuptial agreement!


So, speaking on behalf of the plaintiff … ok I have no idea what plaintiff really means but perfectly happy to give Matt half of her vast collection of high heels it’s Dom “The Tog” Bride

Representing the defendant.. or possibly just sweeping the floor of the courtroom, he and lawyer Lionel Hutz will be throwing the book at this case (probably “The Idiots Guide to Law”) and getting this prenup drawn up to protect the contents of the back of the sofa it’s Matt “The Gormless” Groom.

Lawyers ready?


Dom: Some people might see having a prenup as a lack of trust in the marriage working, particularly if only one of you is asking for it. It could leave a nagging doubt – if you’re planning for the eventuality of splitting up do you really believe in the marriage in the first place?

Matt: The prenup isn’t just in case of divorce, it also covers bereavement. Sadly things do happen in life that you could never foresee at the time of your wedding and the prenup is just there to protect you. For most people the prenup is more about peace of mind than nagging doubts; it can eliminate questions of “marrying for money” and keep everything clear from the start so that there’s no question marks over possession later.

Dom: Getting married means your possessions are split 50/50 – it’s part of being married, “what’s mine is yours” – everything’s shared. I think it’s a massive part of the commitment and in some ways having a prenup might diminish that.

Matt: Sometimes it’s not as clear cut as 50/50 – other parties may be involved and it needs to be clear what everyone’s entitled to. If you’re in a business partnership for example it may be important to clarify how ownership would be divided should anything happen, not just for yourselves but for the business partner – all of your future livelihoods may well be on the line after all!

Dom: A prenup takes some of the romance out of getting married. It’s a joyous event, one of the happiest events of your life. The last thing you want to do is ruin all that by bringing lawyers into the equation! Your marriage certificate may be a legally binding contract but it’s not supposed to be like a business agreement!

Matt: If you have children a prenup can help to make sure your children are looked after financially whatever happens, particularly if you are remarrying. They are the most important thing after all!


Dom: Sharing a life together means sharing everything. There may be specific circumstances where a prenup is necessary to cover that particular instance only, but filling out a legal agreement over every single possession can just feel like you’re hedging your bets and not believing fully in the marriage. A marriage is a commitment, a romantic occasion. Don’t let the lawyers spoil it!

Matt: Sometimes having a prenuptial agreement is just necessary to ensure the peace of mind of both of you going into the marriage. There may be a business to protect or a family heirloom, or perhaps just an unequal balance in the earnings of both parties in the relationship and you need to protect your livelihood. A prenup may not be desirable, but even with the best of intentions sometimes it’s the only guarantee that your possessions and financial situation will be protected if things don’t go according to plan.

If you would like to join the debate then please share your thoughts in the comments section below or catch us on Twitter and let us know where you stand on this week’s argument!

We have the greatest pre-nuptial agreement in the world.  It’s called love.  ~Gene Perret

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