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People usually get together for love, not money but for many, the decision is not purely an emotional one. Most people aren’t strangers to the fact that, as Madonna said in , it’s a material world and sharing money can be risky. How long can couples date before heading into ‘at risk territory’, where if they become an ex, they can take half? Sharon Chandra, family law specialist at Turner Hopkins said that the time to put pen to paper on a prenup varies from couple-to-couple, but a common trigger is when couples move in together.
Jo Batts, a relationship counsellor based in Auckland said that while every couple and relationship is different, milestones such as moving in together or getting married can signal the right time to discuss a prenup. Although bringing up the prenup discussion can feel awkward, it forms part of the plan to protect relationships. From a legal perspective, the deadline after which a partner or spouse can claim half of the assets is three years’ of living in the same residence in a ‘de facto’ or married relationship.
As an agreement takes time to draw up and for each to seek independent advice, a month may not be enough time to get everything in order. While there’s no set level of assets or income that dictates having an agreement drawn up, a good test is whether people own anything that they think is worth protecting. Young people who don’t own anything but have wealthy parents may still decide that a prenup is the right way to go.
People coming into a relationship with a similar levels of assets may feel comfortable putting a prenup on hold. People marry for better or worse and sharing money and assets is part of that. Is it really necessary to contemplate ‘what if’ while basking in post-honeymoon glow? Chandra said that the three-year rule applies whether people are married or not.