Less people than ever are getting married in the west and marriage in Britain is at its lowest level since 1895 and it appears that men, more so than women, are less than keen to enter into marriage when there is a risk that they will lose their space, their money and family if things go wrong.
Marriage is a legal contract and upon any divorce, the starting point for the courts in England and Wales is equality and men in particular are becoming more and more mindful of entering into a legal contract with someone when they believe that person could take half of their property, savings and pensions, if not more. One could argue that it is not that men are shying away from commitment, they are just being sensible.
There is also the possibility of having to pay ongoing spousal maintenance following the divorce for a long term or even for life. However, there has been recent case law to suggest that the aim of the court is for parties to become financially independent from each other as soon as it is reasonable and that it should only be considered to alleviate immediate financial hardship and a clean break should be considered as soon as it is practically possible.
If marriage is to be entered into, there are steps that can be taken to protect the assets of an individual as much as possible and one should consider entering into a pre-marital agreement so that both parties have a clear idea as to how they would divide up their assets upon separation and independent legal advice should be sought in this regard.
If you would like more information, speak to our Family Law Solicitor, Louisa Gothard on 020 7998 7777 or email her at firstname.lastname@example.org.