Until Death Do Us Part

My wedding day, 15 July 1995, was the best day of my life. Today I am blessed with a wonderful wife and we have 3 great children. I am lucky, and in a statistical minority, to be as happy now as I was on 15 July 1995. I do not take my contentment for granted.

Whilst my wedding day was the best day of my life – it wasn’t the best wedding I’ve attended. It wasn’t even close. This accolade goes to a mate of mine who staged a James Bond themed wedding 5 years ago. Coincidentally, my mate’s wedding also took place on 15 July. To add coincidence to coincidence my mate’s wedding day (and my eleventh wedding anniversary) was also the wedding day of Ashley and Cheryl Cole. Mr and Mrs Cole wed in nearby Barnet.

My mate’s wedding, to be frank, didn’t major on love, commitment or anything else worthy of a solemn vow – but what a bloody great show! When Westlife arrived by helicopter to liven up the bride and groom’s first dance (why should anyone settle for a disco?) there were a few guests giddy and ready to pass out. Luckily the life sized ice sculpture (of the groom – with James Bond) gave some resuscitative value to the proceedings and the swooning masses were soon brought back from the brink to see the groom’s life story broadcast "audio-visually" against the white west wing wall of Henry XIII’s Hertfordshire hunting lodge. The laser show and fireworks could apparently be seen by guests at Cheryl and Ashley’s “lower key” wedding in Barnet....I suspect to the mild irritation of Cheryl, Ashley and OK Magazine.

Those two weddings from 15 July 2006 have both now ended in divorce. Unlike the vast majority of divorces, the financial pots for division in these cases were tailor-made for continued comfort for all concerned.

A similar case, reported by in my local newspaper this week, was that of Victoria Jones (from Gerrards Cross) and Gareth Jones (from a castle near Aberdeen). The Court of Appeal last week awarded Mrs Jones a lump sum of £8,000,000 following her divorce from her husband who had made his fortune in the gas and oil industry. This lump sum was greater than the original sum ordered by the lower court but less than the total sum claimed by Mrs Jones before the Court of Appeal. In making its decision the Court of Appeal drew a distinction between the value of assets that the husband had brought into the marriage and the value of assets that had accrued during the 10 year marriage.

For the very wealthy, the Court of Appeal’s judgment is significant because it gives some endorsement to the “ring-fencing” of pre-marital assets. For the majority of married couples, the decision is of little consequence because all matrimonial assets, irrespective of who acquired and when the assets were acquired, are needed to provide reasonable financial provision for the parties (and any children) going forward.

Historically, the less wealth there has been in a family, the less impact a positive attempt at “ring-fencing” (namely through a pre-nuptial agreement) has had in the eyes of our courts. Whilst “pre-nups” are still not legally binding in this country, the recent Supreme Court decision in the case of Radamacher makes it much more likely that such agreements will be upheld by the family courts, provided certain conditions are met. The issue of whether they should become binding is currently being considered by the Law Commission.

Sadly, most marriages do not last “until death do us part”. However, it is my view (for what it’s worth) that the odds probably increase considerably if vows are not made in the presence of a James Bond lookalike!