ITV Legal Drama Series ‘The Split’ and Pre-Nuptial Agreements.

The Split returned for a two-part special on 29 December 2024. The Split is a British legal drama television series. It follows the lives of the Defoe family who all work in divorce law for the family firm except for the eldest sister Hannah who works for a rival law firm.

Wedding bells are in the air and plans are underway for Hannah’s daughter, Olivia and her fiancé, Gael to get married in Spain. All the wedding guests have arrived in Spain in readiness for the wedding. A pre-nuptial agreement has been prepared and is still in the process of being finalised days before the wedding. Olivia is reluctant to sign. We also discover Gael’s parents have a pre-nuptial agreement which is written on a napkin.

What is a pre-nuptial agreement?

A pre-nuptial agreement is an agreement entered into by a couple before marriage. It sets out how assets should be divided between them in the event of a divorce.

It will often include provision about what property is to be kept separate and what property will be considered joint.

Who should get a pre-nuptial agreement?

There can be a number of reasons why a pre-nuptial agreement may be required:-

1. There is a disparity of wealth between you and your partner

Pre-nuptial agreements are more likely to be put in place where one partner has or is likely to acquire more assets than the other. It allows them to safeguard these assets, if the marriage breaks down.

2. To protect a business

If one partner entering the marriage is a business owner then their business also counts as a significant asset that a divorce could affect.

If there is a family business a pre-nuptial agreement can be even more important to ensure the business remains with the family.

3. To protect future inheritance

A pre-nuptial agreement can protect future inheritance that one partner expects to receive. It can also protect inherited money and assets and be used to protect children’s inheritance.

4. Overseas assets/ overseas divorce

If you are marrying someone from abroad, the laws relating to your partner’s home country may have an impact on how assets are divided in the event of a divorce. A pre-nuptial agreement can include a jurisdictional clause to set out the jurisdiction in which the divorce will proceed. It is also important to consider seeking advice from an international lawyer where you have assets overseas.

What are the advantages of a pre-nuptial agreement?

• It can protect assets owned before the marriage, family businesses, inherited wealth and future inheritance.
• It reduces disputes in the event of a breakdown of the marriage.
• It creates a shared sense of openness and security.
• Parties can agree the terms of the agreement.
• It can save money by avoiding lengthy court disputes.

In the event of a breakdown of a marriage, prenuptial agreements can be highly persuasive under English law. This is dependent on a number of factors, for example, if they are entered into voluntarily, without undue pressure, with full disclosure of the financial resources, income and liabilities of each party, the agreement was fair and reasonable, it was not made within 28 days immediately before the marriage and each party has taken independent legal advice.

Olivia’s case

In Olivia’s case, the weight the court gives to a pre-nuptial agreement is likely to be significantly impacted by a last minute agreement that is reached. It is important that a pre-nuptial agreement is prepared in good time before the wedding. This allows parties sufficient time to fully consider and reflect on the terms of the agreement and seek legal advice on its implications.

In the end, Olivia does not sign the pre-nuptial agreement. Whether this is advantages to her or not we do not know as we are not given enough information.

Gael’s parents

Gael’s parents, Valentina and Alvaro have the terms of their pre-nuptial agreement written on a napkin the night they got engaged. Alvaro’s solicitor who signed the document as a witness says it was written when they were drunk.

The issue here relates to whether a written agreement in this manner gives rise to a valid pre-nuptial agreement. If the parties were drunk when the document was prepared and signed, they would not have understood the legal implications of what they were signing. This would invalidate the pre-nuptial agreement. The pre-nuptial agreement would also need to be prepared as a deed and signed in the presence of a witness. It is possible that it was, if Alvaro’s solicitor prepared it in the correct format. The document was also signed by the parties in the presence of a witness.

If the parties were not drunk, the manner the pre-nuptial agreement was prepared would suggest that it was prepared in haste, therefore there would not have been any financial disclosure of the parties’ assets. Valentina would not have had the benefit of legal advice although Alvaro may have, as his solicitor was present at the time. We also do not know how far in advance of the wedding the pre-nuptial agreement was signed nor if the agreement was fair and reasonable. Based on the limited information provided, it is unlikely that a court in England would give any weight to the pre-nuptial agreement.